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LIBRARY OF CONGRESS. 
Shelf „„.„„.. 



UNITED STATES OF AMERICA. 



HAINER'S flANUAL 

OF THE 

Oklahoma School Land Laws 

Rales and Regulations Governing the Leasing os 

SCHOOL LANDS 



CHEROKEE STRIP AID RICKAPOO BILLS. 

Suggestions to Homesteaders. 

/••'ft? 

• 

BY 

BAYARD T. HAINER, 
Attorney =at= Law, 

GUTHRIE, OKLAHOMA. 



GUTHRIE, OK. 
STATE CAPITAL PRINTING CO. 



TABLE OF CONTENTS. 





Page. 


Organic Act, Sec. 18 


3 


Act of March 3, 1891 


3 


Rules and Regulations 


3 


School lands in Oklahoma Proper 


5 


Amount leased in Oklahoma Proper 


6 


When and how leased 


6 


July 18, 1891, leasing 


? 


Private leasing 


* 


March 4, 1892, leasing 


8 ! 


School Lands in the Cheyenne and 




Arapahoe Country 


9 i 


Beaver County 


10 


School Lands in the Cherokee Outlet 


10 


Payment of Rent 


12 


Expiration of Leases 


12 


Trespass on School Lands 


13 


Mining 


W 


Quarrying 


14 


Timber 


14 1 


Forfeiture of Lease 


15 


Improvements 


16 


Permanent Improvements 


16 



School Lease Fund 18 

Lands in Lieti of School Land Grants 20 

Sale of School Lands 21 

Needed Changes 22 

The Kickapoo Bill .. - 25 

The Cherokee Outlet Bill 33 

Tonkawa Indian Lands 41 

Pawnee Indian Lands 42 

Organic Act of Oklahoma 52 

Who may take a Homestead 60 

Rights of Soldiers and Sailors 62 

How to tak^ a Homestead 63 

Residence 65 

Homestead Application 68 

Homestead Affidavit 68 

Soldiers Power of Attorney 71 

Attorney's Statement 73 

Soldiers Declaratory Statement 74 

Application to Lease School Land 75 

Instructions to Applicants 76 

School Land Leases 76 

Rules of Practice 82 



•Enterpf! a'OTwHns't.o Act of Congress !n +he year 1893, 

BY BAYARD T. HAINER, 

In the onice ox liiy Librarian of Congress at Washington 



HAINBR'S MANUAL, 

1893. 



ORGANIC ACT. 
Section 18 of the Organic Act of Oklahoma 
Territory provides that sections numbered 
sixteen and thirty-six in each township in said 
Territory shall be. and the same are hereby re- 
served for the purpose of being applied to pub- 
lic schools in the state or states hereafter to be 
erected out of the same. 

ACT OF MARCH 3, 1891. 
Section 36 of the Act of Congress of March 
3. ',891, entitled, "An act making appropria- 
tions for the current and contingent expenses 
of the Indian Department, and fulfilling treaty 
stipulations with the various Indian tribes, for 
the year ending June thirtieth, eighteen hundred 
and ninety-two, and for other purposes," pro- 
vided that the school land reserved in the Ter- 
ritory of Oklahoma by this and former acts of 
Congress may be leased for a period not ex- 
ceeding three years for the benefit of the school 
fund of said Territory by the Governor thereof, 
under regulations to be prescribed by the Sec- 
retary of the Interior. 

RULES AND REGULATIONS. 
The general rules and regulations so far pre- 



4 

scribed by the Secretary of the Interior are as 
follows: 

x. The Governor shall execute the leases, 
for such periods as he may deem best, in the 
several cases, not exceeding three years in any 
case. 

2. The quantity of school land in Oklahoma 
to be leased to any one person, under the 
thirty-sixth section of the act of March 3, 1891, 
shall not exceed one quarter section, except in 
the country comprised of Beaver, "D," "E," 
"F," "G" and <-H" counties, and the Cherokee 
Outlet, west of range thirteen of the Indian Me- 
ridian, when the same shall have been opened 
to settlement, in which country the maximum 
quantity allowed to be leased shall be one sec- 
tion, or 640 acres. 

3. Sealed bids shall be received by the Gov- 
ernor at his office, after proper public notice, 
to be given in the manner deemed by the Gov. 
ernor the best practicable under the circum- 
stances, and the lease to be awarded to the act- 
ual bidder at the highest amount of rent bid in 
each case. 

4. The period of payments of rent shall be 
fixed in the leases by the Governor at his dis- 
cretion, according to the circumstances of each 
case, with security satisfactory to him to be re- 
quired for the payment thereof when due, should 
he deem it necessary, and forfeiture to be pro- 
vided for each in case of failure. 

5. The leases after they have been executed 
by the Governor, shall be forwarded to the Sec- 
retary of the Interior for his approval. 



6. After the leases are approved by the Sec- 
retary of the Interior and returned to the Gov- 
ernor, they shall be recorded by the Secretary 
of the Territory according to section 3 of the 
Organic Act of Oklahoma. 

7. In case a new lease is to be made at the 
expiration of the lease, the preference shall be 
given the former lessee, if the Governor finds 
that he cultivated the land in a business-like 
manner, and fulfilled the terms of the lease in 
good faith. ' 

8. The money, after deduction of the nec- 
essary expenses incurred in the leasing, must be 
treated as a part of the territorial school fund, 
and be placed to the credit of said fund in the 
custody of the territorial treasurer, to be appro- 
priated as the legislature of the Territory may 
enact. 

9. All necessary expenses of purchasing 
records, stationery, office rent and for clerk hire 
and advertising, shall be paid out of the fund 
obtained from the leasing, and must be approved 
by the Secretary of the Interior. 

10. The Governor shall make a report to 
the Secretary of the Interior at the end of each 
calendar year, or as soon as practicable there- 
after. 

11. The precise form and methods of pro- 
cedure shall be left to the judgment of the Gov- 
ernor subject to the above general rules. 

SCHOOL LANDS IN OKLAHOMA PROPER. 
That portion ot Oklahoma opened to settle- 
ment by Act of Congress approved March 2, 
1889, is known as and commonly called Okla- 



homa proper. This country embraces in round 
numbers 105,200 acres of school land or 670 
quarter sections, and is situated in the follow- 
ing counties to-wit: Oklahoma, Cleveland, 
Payne. Logan, Canadian and Kingfisher. This 
does not include the school lands attached to 
these counties by the opening to settlement the 
lands embraced in the Iowa, Sac and Fox, Pot- 
towatomie and Absentee Shawnee Reservations 
on the east of Oklahoma, or the Cheyenne and 
Arapahoe country on the west. 

AMOUNT LEASED IN OKLAHOMA PROPER. 

By a reference to Governor Seay's annual re- 
port for the fiscal year ending June 30, 1892, to 
the Secretary of the Interior, I find that in 
Oklahoma proper there are in round numbers 
600 quarter sections or 96,000 acres leased and 
only 70 quarter sections or 11,200 acres 
unleased. 

WHEN AND HOW LEASED. 

On April 6, 1891, Governor Geo. W. Steele, 
commenced the leasing ot school lands in Okla- 
homa Territory, under the Act of Congress ap- 
proved March 3, 1S91. The school lands in 
Oklahoma proper and Beaver county were ad- 
vertised for leasing for three consecutive weeks 
in the leading newspapers of each county. 
Sealed bids were received by the Governor and 
the leases were awarded to the highest actual 
bidder in each case. The leases were made 
to run for a period of three years from April 6, 
1 89 1. Hence these leases will expire on April 
6, 1894, and all lessees who desire to re-lease the 
land, under this first public leasing, must make 



their application in writing to the Governor on 
or before January r, 1894, as specified in the 
lease. The lands leased under this first adver- 
tisement embrace the greater portion of the 
best school lands in Oklahoma proper. 

The minimum yearly rental fixed by Gov- 
ernor Steele, at this leasing was $16.00 per 
quarter section, except in Beaver connty where 
the minimum yearly rental was placed at $8.00 
per quarter section. The rental was fixed by 
the Governor to be due and payable on the 
first day of January of each year. The lessees 
were required to give notes with approved per- 
sonal security for each annual payment except 
where the lessee paid first year's rental in ad- 
vance; in such cases no security was required 
for the two deferred payments. These lease 
notes do not bear interest until after due, when 
they draw interest at the rate of 7 per cent, per 
annum until paid. 

JULY 18TH, 1891, LEASING. 

The second public leasing in Oklahoma prop 
er was on July 18, 189T. This leasing em* 
braced all school lands not leased under the 
April 6, 189 1, leasing. These leases expire on 
July 18, 1894, and all applications to re-lease 
must be made on or before April 1, 1894, in 
order to receive the benefit of a preference 
right. 

PRIVATE LEASiNG- 
Bids will be received at any time by the Gov- 
ernor for any vacant and unleased school lands 
that have been heretofore advertised and still 
remain unleased upon like terms and condi- 



8 

tions as at the public leasings. This is called 
'•private leasing." 

SCHOOL LANDS ADVERTISED FOR LEASING MARCH 
4, 1892. 

The school lands embraced in that portion 
of Oklahoma which was formerly the Sac and 
Fox, Pottowatomie and Absentee Shawnee Res- 
ervations were advertised for leasing by proc- 
lamation of Governor Seay March 4, 1892. 
The proclamation provided: 

First, That these lands maybe leased for a 
period not exceeding three years from Feb- 
ruary 1, 1892. 

Second, That the minimum yearly rental for 
a quarter section was #25. .00. 

Third, That the leases would be awarded to 
the highest bidder in each case. 

Fourth, That no preference would be given 
to persons who settled upon or made improve- 
ments on the lands prior to the time of leasing, 

Fifth, That lessees were not allowed to cut 
or remove any timber. 

Sixth, That no person was permitted to 
lease more than a quarter section. 

In pursuance to this proclamation sealed 
bids were received by the Governor up to and 
including April 4, 1892, when the bids were 
opened and the leases awarded to the highest 
bidder in each case. By this proclamation '68,- 
960 acres or 431 quarter sections of school land 
was subject to lease. 



Governor Seay's annual report to the Secre- 
tary of the Interior shows that at the close of 



the fiscal year, June 30, 1892, there were 13c 
quarter sections, or 22,800 acres, of these lands 
leased. A large portion of the school lands in 
Pottawatomie county are still unleased. This 
is no doubt due to the -fact that a large portion 
of the school quarters are heavily covered with 
timber and as the rules do not permit lessees to 
cut timber for buildings,, fencing or fuel or for 
clearing purposes, thev are of no practicable 
use for the time ,being for agricultural purposes 
and hence are not in demand. 

SCHOOL LANDS IN THE CHEYENNE AND ARAPAHOE 
COUNTRY. 

On July 7, 1892, Governor Seay issued his 
his proclamation to lease the school lands in 
that part of Oklahoma, which was formerly a 
part of the Cheyenne and Arapahoe reserves, 
and embraced in Kingfisher, Canadian, C, D, 
E, F, G and H counties. The notice provided 
that these lands would be leased for, a period of 
two and one-half years, from August 1, 1892, 
and that no person would be permitted to lease 
more than one quarter section until February 1, 
1993. From and after February 1, 1893, any 
unleased sections or parts of sections in coun- 
ties D, E, F, G and FI may be leased by sec- 
tions. The yearly rental was fixed at $25.00 per 
quarter section. The proclamation also con- 
tained the usual provision that the lessees would 
not be allowed to cut or remove or permit to be 
cut or removed any timber and that no prefer- 
ence would be given to any parties who had 
settled upon or made improvements on any of 
said lands prior to the leasing thereof. 



IO 

In pursuance to this notice nearly all of the 
best quarter sections in Kingfisher and Cana- 
dian counties have been leased. In Blaine 
county about one-half of the school land is ta- 
ken, while in counties D, E, F, G and H only a 
very small per centage so far has been leased. 

BEAVER COUNTY. 
Governor Seay in his annual report for the 
year ending June 30, 1892, to the Secretary of 
the Interior says: "In Beaver county there are 
in round numbers 1,000 quarter sections of 
school land, and up to the present time only a 
small percentage of these lands have been 
leased. I find from the records that only 
twenty leases have been granted. This county 
is mainly adapted to stock raising, and as the 
rules have heretofore allowed only 160 acres to 
be leased to one person there was no demand, 
comparatively speaking, for the leasing of these 
lands. However, since this rule has been mod- 
ified recently by the Hon. Secretary of the In- 
terior, so that any person may lease an entire 
section if he so desires, I confidently believe 
that hereafter there will be a greater demand 
for the leasing of these lands, and consequently 
much larger revenue will be derived for the 
common school fund. 

SCHOOL LANDS IN THE CHEROKEE OUTLET. 

The bill providing for the opening of the 
Cherokee Outlet to settlement by act of con- 
gress, approved March 3, 1893, provides that 
sections 16 and $6 in each congressional town- ) 
ship shall be reserved for public school pur- ^ 



It 

poses and may be leased in like manner by the 
Governor of Oklahoma under the regulations 
prescribed by the Secretary of the Interior, as 
the school lands were in old Oklahoma and in 
the Cheyenne and Arapahoe country. 

The school lands in the Cherokee Outlet will 
embrace in round numbers 320,000 acres of 
land, and by leasing one quarter section to 
each person there will be in round numbers 
2,000 quarter sections to be leased. As the 
school lands in Oklahoma, by the Organic Act, 
are reserved for the benefit of the public 
schools, no person is permitted to settle upon 
said lands, or make any improvements thereon, 
without first obtaining a lease therefor, and any 
person who violates this provision is a tres- 
passer and liable to prosecution as such. And 
in view of this law, applicable to all school 
lands in Oklahoma which have been opened to 
settlement since the Organic Act of Oklahoma 
went into effect, no person should settle upon 
or make improvements upon any of these lands 
until he can do so legally, after a lease has been 
duly executed to him. 

As soon as these lands will be ready for leas- 
ing by the Governor of the Territory, they will 
be advertised in the newspapers in the respec- 
tive counties where the lands are situated. 

These notices will provide as to the time and 
manner in which bids will be received for the 
leasing of these lands. The same rules and reg- 
ulations are applicable to the school lands in 
the Tonkawa, Pawnee and Kickapoo countries. 



12 

PAYMENT OF RENT. 

The lessees of school -lands are required to 
pay the rent annually to the Governor of the 
Territory on the 15th day of December of each 
year. This regulation was made by Governor 
Seay — making all notes due uniformly on said 
date. 

The notes bear interest at the rate of 12 per 
cent per annum after they become due and until 
paid. No interest is charged until the notes 
fall due. 

When the lessee executes his contract for the 
lease he must also execute his note with ap- 
proved personal security for the payment of the 
rental for each year; these notes must be given 
with personal security to be approved by the 
Governor of the Territory for the payment of 
each year's rental. It is imperative that surety 
be given on all notes in accordance with the 
instructions of the Secretary of the Interior. 

The lessee must also at the time he executes 
the notes with sureties authorize a confession of 
judgment by the Attorney General in case of 
failure to pay the rental, on the back of each 
note before a Notary Public, or any other offi- 
cer who can legally administer an oath having 
a seal. 

The lease does not require to be acknowl- 
edged by the lesse, but simply signed by him 
and duly witnessed. 

EXPIRATION OF LEASES. 
The Secretary of the Interior has vested the 
power of fixing the time for leases to begin and 
expire in the Governor of the Territory, pro- 



13 

vided, that no lease shall exceed a period of 
three years. 

When Governor Steele commenced the leasing 
of school lands in Oklahoma on the 6th day of 
April, 1891, in accordance with the act of Con- 
gress approved March 3, 1891, and the regula- 
tions prescribed by the Secretary of the Inte- 
rior, he advertised the lands to be leased for a 
period of three years from the 6th day of April, 
189 1, thus making the leases expire on the 6th 
day of April, 1894. The second advertisement for 
leasing was in July, 1891. All leases executed 
under this advertisement ran for a period of 
three years from the 18th of July, 189 1. Thus 
it will be seen that no uniform time was fixed 
for the expiration of leases. 

When Governor Seay assumed the duties of 
his office he recommended numerous changes 
to the Secretary of the Interior, which were 
adopted, relative to the leasing of these lands 
in Oklahoma, and among these changes were 
that all leases should expire uniformly on the 
first day of February. The minimum yearly 
rental was also changed by Governor Seay 
from $16 per annum per quarter section to $25 
per annum. 

TRESPASS ON SCHOOL LANDS- 
All occupants or settlers upon school lands 
except those who have secured leases under 
section 36, of the act of March 3, 1891, are 
trespassers. Section 13 of the act of March 2, 
1889, provides that: "The lands acquired by 
the United States under such agreement shall 
be a part of the public domain to be disposed 



M 

of only as herein provided, and sections i C> anil 

*6 oi each townshipi whethei surveyed 01 un 
surveyed, are hereby reserved for the use and 
benefit oi the public schools, to i><- used within 
the limits "i said lands under such conditions 
as may hereaftei be required i>> Congress." 

Section r8 «>i the Organic Act of Oklahoma 
provides that; "Sections numbered 1 6 and 36 
m each township In said Territory shall be and 
hereby the same art reserved foi the purpose <>t 
being applied to public schools in tin* state 6i 
itates to be erected out oi the same," These 
lands, therefore, having been reserved by act *>i 
Congress from tettiement) the Department can 
not recognise i settler thereon, Hence, there 
can be no such thing as a bona fide settler <>n 
school lands in Oklahoma. Ami it will be ob 
Bcrved from tin* foregoing provisions that m> 
preference 01 advantage can be derived by a 
prison entering upon 01 Improving school land 
before a lease is obtained thereto. 

MINING- 

The lessees oi school lands are not allowed 
to mine 01 remove oi permit to fcfe mined 01 re< 
moved any minerals from the land leased. 

QUARRYING. 

The lessees aie not permitted tO ijiianv or 

remove 01 permit to be quarried or removed, 
any building 01 pthei stone, except such 0s may 
cessary ■■■ ■ \ ■'.. •.•.. •.-..■..■. .■• 1 .- but d\ -. s o ta 
be erti 

rtWBER, 
The laws oi the United states prohibit any 



'5 

pei ion from cutting growing timber on ichool 
land a in Oklahoma Territory. The fa< I thai a 
per ton has leased s< hool land doei noi grant 
imii the right or privilege to cut 01 remove or 
permil to \><- < ui 01 rem , ed any growing tim 
ber from it"- leased land /"/ any purpose what 
evn , and ;uiy person who violates this plain 
provi .i"i. <a the statute, not only forfeits bis 
lease, bu I is liable in a civil suit for damages, 
and !" < riminal prose* ution. The ■.' hool lands 
in Oklahoma by l!he Organi< A' t wet reserved 
fat the purpose of being applied to tbe public 
schools in the State oi States hereaftei to i><: 
ci >■< ted -'Hi "i i '"• same, and ti"- * utting "i tim 
bei foi fern ing, building, or domestu use is in 
dire< i violation oi the provisions of the statute. 
Til-- intent and purpose of Congress in mak 
ing these reservations was to secure and pre 
serve ■> fund foi the education of the youth of 
the Territory, and hence il is the duty ol the 
genera] gov< rnmenl to turn these lands ovei to 
itate when the 'i ei i itoj y shall be i ■" fed 
into one, in an enhan< ed i athei than ;■ dimin* 
ished i ondition, and thai in leasing these lands 
the lessee has no right to use the estate in any 
manner whatever, which will tend to dcterio 
riate the value ol the lands, when it shall be 
pome the duty oi the genei al govei nmenl to 
'/<■■.! the title in the State 01 States foi the use 
and benefit of the < ommon s< hools. 

FORFEITURE OF LEASES 
The leases provide that upon tue non pay- 
ment oi rental at the time the same shall b< 
come due and payable or upon the failure 01 



i6 

refusal of the lessee to furnish additional se- 
curity for any deferred payments, when re- 
quested so to do by the Governor, or if the 
lessee shall fail in any manner to comply with 
the provisions of the lease or violate any of 
the conditions thereof, the Governor may at 
his option declare the lease forfeited and the 
Governor or any person lawfully entitled to the 
possession thereof, on behalf of or representing 
the United States shall have the right to take 
immediate and peaceable possession of the 
premises, together with the improvements and 
growing crops thereon. 

IMPROVEMENTS. 

In case the lessee is not desirous of releasing 
the premises, at the expiration of his term of 
lease, at the highest rental offered by any re- 
sponsible bidder, should there be competing 
bids, for the same tract o* land, he, the lessee 
has the right, and U granted the privilege to 
sell or remove any or all improvements of a 
movable character, such as the buildings and 
and fences that he has placed on the leased 
premises. 

However, in case the lessee is in default for 
non-payment of rental he is not allowed to re- 
move any improvements until all of such rental 
is paid. 

PERMANENT IMPROVEMENTS. 

No provision has been made whereby the 
lessees, in the event that he does not re-lease 
the premises, can require the person who shall 
succeed him to pay for the value of improve- 
ments which he has placed of a permanent char- 



17 

acter on the land, such as orchards, breaking 
and wells. In other words the lessee muse take 
his chance to realize any benefit from such per- 
manent improvements which he has placed on 
the leased premises, as the lands will beyond 
question be turned over to Oklahoma, when the 
Territory shall be carved into a state, to be 
disposed of in such manner as the legislature- 
may direct. 

SUB-LEASING OR ASSIGNMENT OF LEASE. 

The leases provide that the lessees shall not 

assign or sub-let any portion of the leased 

premises and such assignment or sub-letting 

would be void and work a iorfeiture of the lease, 

TRANSFER OF LEASES- 
While the assignment and sub-letting of 
leases are not allowed under the regulations 
prescribed by the Secretary of the Interior, the 
lessee, however, may surrender his lease and re- 
quest the cancellation thereof by the Governor, 
subject to the approval of the Secretary of the 
Interior, upon condition that the rental for the 
current year is paid and that a new lease is ex- 
ecuted to a responsible party designated by 
him, the lessee, for the unexpired term upon 
like terms and conditions as the original lease. 

RENEWAL OF LEASES- 
The leases provide that the lessees who de- 
sire to renew their leases must make their ap- 
plication in writing to the Governor of the Ter- 
ritory, at a certain time designated in the lease. 
The leases executed by Governor Steele during 
the month of April, 1891, will expire on April 



i8 

6, 1894, and in all of these leases the lessees 
must make their application to renew on or be- 
fore January 1, 1894, in order that he may have 
the benefit of a preference right. The applica- 
tion should state clearly and concisely the 
manner in which the land was cultivated dur- 
ing the term of lease, the number of acres in 
cultiv. t on, the kind, character a id value of the 
improvements thereon, also the amount of tim- 
ber upon the land. It is very important that 
these applications should be made at the proper 
time and in accordance with the rules and reg- 
ulation prescribed by the Secretary of the Inte- 
rior an the Governor of the Territory. A fail- 
ure to comply with the rules and regulation of 
the department will cause much trouble and 
may result in the loss cf the lease and home. 

PREFERENCE. TO RE-LEASE. 

The lessees who have cultivated the land in 
a business like manner and have complied in 
good faith with all the conditions of their leases 
have a preference to re-lease the premises at 
the highest rental offered by any responsible 
bidder, at the expiration of the time for which 
the lease was made. Rut the right is reserved, 
by the Governor, to reject any or all bids. 

SCHOOL LEASE FUND- 
The money realized from the leasing of the 
school lands becomes a part of the school fund 
of the Territory. Section 5, Article 12, Chap- 
ter 79, Territorial Laws of 1890, provides: 
"Whenever there accumulates in the hands of 
the Terrritorial Treasurer the sum of one 



i.9 

thousand dollars belonging to the permanent 
school fund of the Territory, it shall be his 
duty to call the said board together, and they 
shall apportion that money to the various coun- 
ties of the Territory, in proportion to the 
scholastic population of each: thereupon it 
shall be the duty of the Territorial Treasurer 
to transmit to the treasurers of the various 
counties the sum so apportioned to each 
county, and the treasurer of the county shall 
treat the same as a part of the permanent 
school fund of this Territory, to be dealt with 
as hereinafter provided. 

"It shall be the duty of the auditing office, of 
the Territ®ry to notify the County Clerks of 
the various counties that the money has been 
forwarded to the County Treasurer, and the 
amount thereof, and thereupon the auditing 
officer of the Territory shall credit the Terri- 
torial Treasurer with the money by him so for- 
warded, and shall charge the same to the 
various counties to which it is transferred, and 
the various County Clerks shall charge their 
respective County Treasurers therewith as per- 
manent school funds." 

Section i, ot the same article requires that 
the Territorial Superintendent of Public In- 
struction, the Territorial Secretary and the 
Territorial Treasurer shall constitute a board 
of commissioners for the management and in- 
vestment of the Territorial School, Territorial 
Normal School and Territorial University 
funds. Such board shall be organized as fol- 
lows: The Secretary of the Territory shall be 



president, and the Superintendent of. Public In- 
structions shall be secretary thereof. In the 
absence of either of said officers, the Terri- 
torial Treasurer shall act as president, or sec- 
retary, as the case may be. Such commission- 
ers when acting as such must act personally: 
no member thereof can be represented in such 
board by any other person. 

LANDS IN LIEU OF SCHOOL LAND GRANTS. 

The general law granting school land indem- 
nity provides that: "Other lands of equal 
acreage are also hereby appropriated and 
granted, and may be selected by said State 
or Territory where section 16 and 35 are min- 
eral lands or are included within any Indian, 
Military or other reservation, or are otherwise 
disposed of by the United States.' 1 '' See Section 
2275 and 2276 U. S. Revised Statutes as 
amended by the Act of February 28, 1091. 

This general provision seems to be applic- 
able to Oklahoma as well as to all States and 
Territories in general. 

The law provides that the indemnity sections 
shoulcfbe made "from any unappropriated sur- 
veyed public lands, not mineral in character, 
within the State or Territory where such losses 
or deficiencies on school sections occur." 

There are three general classes ot deficien- 
cies in school lands in Oklahoma, to-wit: 

"1. Lands allotted to Indians. 

' z. Lands in Beaver County entered by 
homesteaders who show actual settlement prior 
to survey. 

'•.'.. Where sections 16 and 36 are fractional 



21 

in quantity, or where one or both are wanting 
by reason of the townships being fractional, or 
from any natural cause whatever." 14 L. 
I). 226. 

SALE OF SCHOOL LANDS. 
The school lands of Oklahoma cannot be 
sold so long as Oklahoma remains a Territory, 
having been reserved by act of congress for the 
use and benefit of the public schools and to be 
turned over to the state when the Territory 
shall be carved into one, to be disposed of in 
such manner as the legislature may direct. 
What disposition the legislature of the future 
state of Oklahoma will make of these school 
lands would be a meue matter of conjecture by 
me. Oklahoma, I believe, is the only territory 
in the United States that has had the privilege 
of leasing its school lands, which privilege his 
been a great source of revenue and benefit 
to the public schools of the Territory. All 
states, I think, so far, have provided that the 
school lands may be sold under certain statu- 
tory limitations after being leased a specified 
term of years. These states usually provide 
for the appraisal of the lands and the improve- 
ments thereon separately, giving the lessee the 
privilege ©f purchasing the lands at the ap- 
praised value or to the highest bidder, and 
should the lessee fail for any cause to purchase 
the land occupied by him as leasee the party 
who purchases the land is required to pay the 
outgoing lessee the appraised value of such im- 
provements. Should Oklahoma folrow.the foot- 
steps of Kansas, Nebraska and the territories 



22 

recently admitted into the Union the probabil- 
ities are that some law similar to those will be 
enacted by the legislature. However, there is 
a sentiment at present that these lands should 
be leased -perpetually for the benefit of the co?n- 
mon school fimd. As stated before, what this feel- 
ing may develop into and what future legisla- 
tion will be relative to these lands is a mere 
matter of conjecture and all lessees who lease 
these lands with the hope of making it their 
future and permanent home take their chances, 
relying upon the confidence and wisdom of the 
future lawmakers of the great commonwealth ot 
Oklahoma to do what is fair and just in the dis- 
posal of these lands. 

NEEDED CHANGES. 

Experience in leasing school lands in Okla- 
homa has shown that there is urgent need for 
additional rules and regulations to be pre- 
scribed by the Secretary of the Interior for the 
relief and protection of the tenants occupying 
these lands in good faith and who have made 
valuable and permanent improvements thereon. 
Under the present regulations there is no pro- 
vision made to compensate the present occu- 
pants for any improvements upon their lands, 
upon failure to renew the lease. 

The leases provide that the lessees who de- 
sire to renew their leases will be given prefer- 
ence to re-lease at the highest rental offered by 
any responsible bidder. Provided, the Gov- 
ernor has a right to reject any and all bids. In 
other words, the lessee must, under the present 
regulations enter into competition with any out- 



2 3 

sider when he desires to renew his lease. He 
would have to enter into competition and bid 
on his own improvements in order to renew his 
lease and the only alternative he would have 
would be either to pay the highest rental offered 
by any responsible bidder or remove his im- 
provements of a movable character from the 
land. 

This, it seems to me, would work a great 
hardship and injustice to the present occupants 
and is liable to breed dissension and foster lit- 
igan'on. 

Provision should be made to appraise the 
rental value of the land and the improvements 
thereon separately. Where there are no com- 
peting bids the lands should be re-leased at 
the appraised rental value, where the lessee has 
cultivated the land in a business-like manner. 
Where there are competing bids the lands 
should be awarded to the highest responsible 
bidder in each case, and should the outgoing 
tenant fail to obtain the lease he should be com- 
pensated for the appraised value of his im- 
provements before he gives possession to the 
incoming tenant. This would produce the 
largest revenue for the school fund and do jus- 
tice to all parties. Under the present regula- 
tions some lands are leased as high as $230 per 
quarter section and a quarter section adjoining, 
equally as valuable, or nearly so, is rented for 
$30 or $40, and as low as #16 to $25. 

Some provision should also be made to pro- 
tect the tenants in their growing crops. For in- 
stance, a great number of the leases will expire 



24 

on April 6, 1894. This is, as everybody is 
aware, a great wheat growing country: there 
will be a great deal sown this fall, and" there 
is no provision at present to protect the tenant 
in these crops should he fail to re-lease the 
land. This should be remi«4ewL/^a^^^ 






THE KICKAPOO BILL. 



An act to ratify and confirm an agreement with 
the Kickapoo Indians in Oklahoma Territory, 
and to make appropriations for carrying the 
same into effect. 

Whereas, David H. Jerome, Alfred M. Wil- 
son and Warren 6. Sayre, duly appointed com- 
missioners on the part of the United States, did 
on the ninth day of September, eighteen hund- 
red and ninety-one, conclude an agreement 
with Kickapoo Indians in Oklahoma Territory, 
formerly a part of the Indian Territory, which 
said agreement is as follows: 

"Articles of agreement made and entered 
into on the Kickapoo Reservation, in the In- 
dian Territory, on the 21st day of June, A. ])., 
1891, by and between David H. Jerome, Alfred 
M. Wilson, and Warren G. Sayre, Commission- 
ers on the part of the United States, and the 
Kickapoo tribe of Indians, in the Indian Terri- 
tory, and completed at the city of Washington, 
D. C, on this 9th day of September, A. D., 
1S9 j. 

Article I. 

"The said Kickapoo tribe of Indians in the 
Indian Territory hereby cede, convey, transfer 
and relinquish, forever and absolutely, without 
any reservation whatever, all their claim, title, 
and interest of every kind and character in and 
to the lands embraced in the following de- 



26 

scribed tract of country in the Indian Territory, 
to- wit: 

"Commencing at the southwest corner of the 
Sac and Fox reservation; thence north along 
the western boundary of said reservation to the 
Deep Fork of the Canadian river; thence up 
said Deep Fork to the point where it intersects 
the Indian Meridian; thence south along said 
Indian Meridian to the North Fork of the Ca- 
nadian River; thence down said river to the 
place of beginning. 

Article II. 

"In consideration of the cession recited in 
the foregoing article, the United States agrees 
that in said tract of country there shall be allot- 
ted to each and every member, native and 
adopted, of said Kickapoo tribe of Indians in 
the Indian Territory, 80 acres of land to con- 
form in boundary to the legal surveys of said 
land. Each and every member of said tribe of 
Indians over the age of eighteen years shall 
have the right to select for himself or herself 80 
acres of land to be held and owned in severalty; 
and that the father, or if he be dead, the 
mother, shall have the right to select a like 
amount of land, under the same restrictions, for 
each of his or her children under the age of 
eighteen years; and that the Commissioner of 
Indian affairs, or some one appointed by him 
for the purpose, shall select a like amount of 
land, under the same restrictions, for each or- 
phan child belonging to said tribe under the age 
of eighteen years. 



27 

"It is hereby further expressly agreed that no 
person shall have the right to make his or her 
selection of land in any part of said tract of 
country that is now used or occupied, or that 
has, or may hereafter be, set apart for military, 
agency school, school farm, religious, town site 
or other public uses, or in sections sixteen (16) 
thirty-six (36), in each Congressional township; 
provided, in cases where any member of said 
tribe of [ndians'has heretofore made improve- 
ments upon and now occupies and uses a part 
ol said sections sixteen (16) and thirty-six (36), 
such person may make his or her s l:ction, ac- 
cording to the legal subdivision?, so as to in- 
clude his or her improvements It is further 
agreed that wherever, in said tract of country, 
any one of said Indians has made improve- 
ments, and now uses and occupies the land 
embracing such improvements, such Indian 
shall have the undisputed right to make his or 
her selection, to conform to legal subdivisions, 
however, so as to include such improvements. 

Article III. 
"All allotments hereunder shall be selected 
within ninety days from the ratification of this 
agreement by the Congress of the United 
States, provided the Secretary of the Interior 
in his discretion may extend the time for 
making such selections: and should any Indian 
entitled to allotment hereunder fair or refuse to 
make his or her selection of land in such 
time, then the allotting agent in charge of said 
work of making such allotments shall, within 
the next thirty (30) days after said time, make 



28 

allotments to such Indians, which shall have 
the same force and effect as if the selections 
had been m,ade by the Indians themselves. 

Article IV. 

"When said allotments of land shall have 
been selected and taken as aforesaid, and ap- 
proved by the Secretary of the Interior, the 
titles thereto shall be held in trust for the bene- 
fit of the allottees, respectively, for a period of 
twenty-five (25) years, in the manner and to the 
extent provided for in the act of Congress enti- 
tled "An act to provide for the allotment of 
land in severalty to Indians on the various res- 
ervations, and to extend the protection of the 
laws of the United States and Territories over 
the Indians, and for other purposes." Ap- 
proved February 8, 1887. 

"And at the expiration of the said twenty- 
five (25) years the title thereto shall be con- 
veyed in fee simple to the allottees or their 
heirs free from all incumbrances, provided the 
President may at the end of said period extend 
the time the land shall be so held, in accord- 
ance with the provisions of the above-re- 
cited act. 

Article V. 

"In addition to the allotments above pro- 
vided tor, and the other benefits to be received 
under the proceeding articles, and as the only 
further consideration to be paid for the cession 
and relinquishment of title above-recited, the 
United States agrees to pay the said Kickapoo 
Indians, to be distributed among them per 



2 9 

capita, under the direction of the Commissioner 
of Indian Affairs, for the improvement of their 
said allotments, and for other purposes for their 
benefit, the sum of sixty-four thousand and six 
hundred and fifty ($64,650) dollars; provided, 
that the number of allotments of land provided 
for shall not exceed three hundred (300). But 
if the number of allotments shall exceed three 
hundred (300), then there shall be deducted 
from the said sum of sixty-four thousand and 
six hundred and fifty ($64,650) dollars, the sum 
of fifty ($50) dollars for each allotment in ex- 
cess of the three hundred (300); provided, 
however, that should the Kickapoos elect to 
leave any or all ot said money in the Treasury 
of the United States, it shall bear interest at 
the rate of five per cent per annum after the 
ratification by Congress of this contract. 
Article VI. 
"It is hereby further agreed that wherever, 
in this reservation, any religious society or 
other organization is now occupying any por- 
tion of said reservation for religious or educa- 
tional work among the Indians the land so oc- 
cupied may be allotted and confirmed to such 
society or organization, not however to exceed 
one hundred and sixty (160) acres of land to 
any one society or organization, so long as the 
same shall be so occupied and — used, and such 
land shall not be subject to homestead entry. 
Article VII. 
"This agreement shall have effect whenever 
it shall be ratified by the Congress of the 
United States. 



30 
Be it enacted by the Sena 'e and House of 
Representatives of the United States of 
America in Congress assembled, 

That said agreement be, and the same hereby 
iS, accepted, ratified, and confirmed, 

"That for the purpose of carrying into effect the 
provisions of the foregoing- agreement there is 
tiereby appropriated out of any moneys in the 
Treasury of the United States not otherwise ap- 
propriated the sum of sixty-four thousand six hun- 
dred and fifty dollars. And after first paying to 
John T. Hill the sum of five thousand one hun- 
dred and seventy-two dollars for services rendered 
said Kickapoo Indians and in discharge of a writ- 
ten contract made with said Indians and recom- 
mended by the Secretary of the Interior, the re- 
mainder to be expended for the use of said Indians 
as stipulated in said contract; Provided that 
should said Indians elect to leave any portion of 
said remaining balance in the Treasury, the 
amount so left shall bear interest at the rate of 
five per cent per annum." Provided, That none 
of the money or interest thereon, which is by the 
terms of said agreement to be paid to said Indians, 
shall be applied to the payment of any judgment 
that has been or may hereafter be rendered under 
the provisions of the Act of Congress approved 
March third, eighteen hundred and ninety-one, 
entitled "An act to provide for the adjudication 
and payment of claims arising from Indian 
depredations." 

Sec 2. That for the purpose of making" the al- 



3* 

lotments and payments provided for in said agree- 
ment, including' the preparation of a complete 
roll of said Indians, the pay and expenses of a 
special agent, if the President thinks it necessary 
to appoint one for the purpose, and the necessary 
surveys or resurveys, there be, and hereby is, 
appropriated, out of any moneys in the Treasury 
not otherwise appropriated, the sum of five thous- 
and dollars, or so much thereof as may be 
necessary. i 

Sec. 3. That whenever any of the lands, ac- 
quired by this agreement shall, by operation of 
law or proclamation of the President of the United 
States, be open to settlement or entry, they shall 
be disposed of (except sections sixteen and thirty- 
six in ea«h township thereof) to actual settlers 
only, under the provisions of the homestead and 
townsite laws (except section twenty-three hun- 
dred and one of the Revised Statutes of the United 
States, which shall not apply) : Provided, however, 
That each settler on said lands shall, before mak- 
ing a final proof and receiving a certificate of en- 
try, pay to the United States for the land so taken 
by him, in addition to the fees provided by law 
and within five years from the date of the first 
original entry, the sum of one dollar and fifty 
cents an acre, one-half of which shall be paid 
within two years; but the rights of honorably dis- 
charged Union soldiers and sailors, as defined and 
described in sections twenty- three hundred and 
four and twenty- three hundred »»d five of the 
Revised Statutes of the Jnited States shall not be 
abridged, except as to the sum to be paid as afore 



3 2 

said. Until said lands are opened to settlement 
by proclamation of the President of the United 
States, no person shall be permitted to enter 
upon or occupy any of said lands; and any person 
violating this provision shall never be permitted 
to make entry of any of said lands or acquire any 
title thereto: Provided, That any person having" 
attempted to, but for any cause failed to acquire a 
title in fee under existing law, or who made entry 
under what is known as the commuted, provision 
of the homestead law, shall be qualified to make 
homestead entry upon said lands. 
Approved March 3, 1893. 



THE CHEROKEE OUTLET. 



The following is a full text of that portion of 
the Indian appropriation bill, approved March 
3, 1893, which provides for the opening of the 
Cherokee Outlet to settlers: 

Sec. 10. That the sum of two hundred and 
ninety-five thousand seven hundred and thirty- 
six dollars, payable as hereinafter provided, is 
hereby appropriated out of any money in the 
treasury not otherwise appropriated, and the 
Secretary of the Interior is hereby authorized 
and directed to contract to pay eight million 
three hundred thousand dollars, or so much 
thereof as may be necessary in addition, to pay 
the Cherokee Nation of Indians for all the right, 
title, interest and claims which the said nation 
of Indians may have in and to certain lands de- 
scribed and specified in an agreement con- 
cluded between David H. Jerome, Alfred M. 
Wilson and Warren G. S'ayre, dulv appointed 
commissioners on the part of the United 
States, and Elias C. Boudinot, Joseph A. 
Scales, George Downing, Roach Young, 
Thomas *Smith, William Triplett and Joseph 
Smalhvood, duly appointed commissioners on 
the part of the Cherokee Nation of Indians in 
the Indian Territory, on the nineteenth day of 
December, eighteen hundred and ninety-one, 
bounded on the west by the one hundredth de- 
gree of west longitude; on the north \by the 
state of Kansas, on che east by the ninety-sixth 



34 

degiee of west longitude; and on the south by 
the Creek Nation, the Territory of Oklahoma, 
and the Cheyenne and Arapahoe reservation, 
created or defined by executive order dated 
August tenth, eighteen hundred and sixty-nine; 
which said agreement is fully set forth in the 
message of the President of the United States, 
communicating the same to congress, known as 
Executive Document Numbered Fifty-six of the 
first session of the Fifty- second Congress, the 
lands referred to being commonly known and 
called the "Cherokee Outlet," and said agree- 
ment is hereby ratified by the congress of the 
United States and the acts of congress that have 
been or may be passed regulating trade and in- 
tercourse with the Indians, and subject, also, to 
certain amendments thereto, as follows: 

Amend the same by adding to the first para- 
graph of article two of said agreement the fol- 
lowing words: "And provided further, That 
before any intruder or unauthorized person oc- 
cupying houses, lands or improvements, which 
occupancy commenced before the eleventh flay 
of August, Anno Domini, eighteen hundred and 
eighty-six, shall be removed therefrom, upon 
demand of the principal chief or otherwise, the 
value of his improvements, as the same shall be 
appraised by a board of three appraisers, to be 
appointed by the President of the United 
States, one of the same upon the recommenda- 
tion of the principal chief of the Cherokee Na- 
tion, for that purpose, shall be paid to him 
bv the Nation; and upon such payment 
such improvements shall become the 



35 

property of the Cherokee Nation: "Pro- 
vided, That the amount so paid for said im- 
provements shall not exceed the sum of 
hundred and fifty thousand dollars: And pro- 
vided further, That the appraisers in determin- 
ing the value of sue:. - ..:s may con- 
sider the value of the use and occn 
the land. 

er amend the same by striking Mil 
graph three of article twe oi sa d agreement 
and changing the numbers of the subsequent 
graphs to correspond. 
And the provisions of said agrc 
amended shall be fully performed and carried 
out on the part of the Unite States: Provided, 
that the money hereby appropriated shall be 
immediately available 11 he remaining sum 
of eight million three hundred thousand 
lars or so much there required to carry 

out the provisions of said agreement a 
amended and according to this acl be pay- 

able in five equal annual instalments, commenc- 
,n the fourth . March, eighteen hun- 

dred and ninety-five, and e rarth 

day of March, eighteen hundred and ninety- 
said deferred payments to bear inter ! 
at the rate of four per cent per annum, to 
paid annually, and the amount reqo r ; for the 

I of inter : .aid is hereby ap- 

propriated: And provided fur: ^ ] :' the 

money hereb • apprc priated a sufficient 

rata share in the proc 

remain in the Treasur. . atea .; 



36 

fore which their suit are now pending; and a 
sufficient amount shall also be retained in the 
Treasury to pay the freedmen who are citizens 
of the Cherokee Nations or their legal heirs 
and representatives such sums as may be 
determined by the courts of the United States 
to be due them. Nor shall anything herein be 
held to abridge or deny to said freedmen any 
rights to which they may be entitled under ex- 
isting laws or treaties. The acceptance by the 
Cherokee Nation of Indians ot said agreement, 
as it- is hereby proposed to be amended, and 
as a full and complete relinquishment and ex- 
tinguishment of all their title, claim, and inter- 
est in and" to said lands; but such rejinquish- 
ment and extinguishment shall not inure to the 
benefit of any railroad company nor vest in any 
railroad company any right title or interest in 
or to any of said lands: Provided, said rail- 
road shall be relieved from any other payments 
of compensation to said Cherokee Nation as 
required by law for running said railrod across 
said Cherokee outlet. 

And said lands, except the portion to be al- 
lotted as provided in said agreement, shall, 
upon the payment of the sum of two hundred 
and ninety-five thousand seven hundred and 
thirty-six dollars, herein appropriated, to be 
immediately paid, become and be taken to be 
and treated as a part of the public domain. 
But in any opening of the same to settlement^ 
sections sixteen and thirty-six; in each township, 
whether surveyed or unsurveyed, shall be, and 
are hereby reserved for the use and benefit ot 



37 
the public schools to be established within the 
limits of such lands, under such conditions and 
regulations as may Be hereafter enacted by 
Congress: Provided, That if the Legislative 
Council of the Cherokee Nation shall deem it 
more advantageous to their people they may 
issue a loan for the princial and interest of the 
deferred payments pledging said amounts of in- 
terest and principal to secure payment of such 
debt. 

Sections thirteen, fourteen, fifteen, sixteen, 
twenty-one, twenty-two, twenty-three, twen- 
ty-four, twenty-five, twenty-six, twenty- 
seven, twenty-eight and the east half of 
sections seventeen, twenty and twenty- 
nine, all in township numbered twenty-nine 
north, of range numbered two east of the In- 
dian Merian, the same being lands reserved by 
Executive order dated July twelth eighteen 
hundred and eighty-four, for use of and in con- 
nection with the Chiloco Indian Industrial 
School, in the Indian Territory, shall not be 
subject to public settlement, but shall, until the 
further action of Congress, continue to be re- 
served for the purpose for which they were set 
apart in the said Executive order. And the 
President of the United States, in any order or 
proclamation which he shall make for the open- 
ing of the lands for settlement, may make such 
other reservations of lands for public purposes 
as he may deem wise and desirable. 

The President of the United States is hereby 
authorized, at any time within six months after 
the approval of this act and the acceptance of 



38 

the same by the Cherokee Nation as herein 
provided, by proclamation, to open to settle- 
ment any or all of the lands not allotted or re- 
served, in the manner provided in section thir- 
teen of the act of Congress approved March 
second, eighteen hundred and eighty-nine, en- 
titled "An act making appropriations for the 
current and contingent expenses of the Indian 
Department and for fulfilling treaty stipulations 
with various Indian tribes, for the year ending 
June thirtieth, eighteen hundred and ninety, 
and for the purposes" (Twenty-fifth United 
States Statutes, page ten hundred and five): 
and also subject to the provisions of the act of 
Congress approved May second, eighteen hun- 
dred and ninety, entitled "An act to provide 
a t mporary government of the Territory of 
Oklahoma to enlarge the jurisdiction of the 
United States court in the Indian Territory, 
and for other purposes;" also, subject to the 
second proviso of section seventeen, the whole 
of section eighteen of the act of March third, 
eighteen hundred and ninety-one, entitled "An 
act making appropriations for the current ex- 
penses of the Indian Department, and for ful- 
filling treaty stipulations with various Indian 
tribes, for the year ending June thirtieth, eigh- 
teen hundred and ninety-two, and for other pur- 
poses;" except as to so much of said acts and 
sections as may conflict with the provisions of 
this act. Each settler on the lands so to be 
opened to settlement as aforesaid shall, before 
receiving a patent for his homestead, pay to the 
United States for the lands so taken by him, in 



39 

addition to the fees provided by law, the sum 
of two dollars and fifty cents per acre for any 
land east of ninety-seven and one-half degrees 
west longitude the sum of one dollar and a 
half per acre for any land between ninety- 
seven and one-half degrees west longitude and 
ninety-eight and one-half degrees west longi- 
tude, and the sum of one dollar per acre 
for any land west of ninety-eight and one-halt 
degrees west longitude, and shall also pay inter- 
est upon the amount so to be paid for said land 
from the date of entry to the date of final pay- 
ment therefor at the rate of four per centum 
per annum. 

Xo person shall be permitted to occupy or 
sr upon any of the lands herein referred to, 
except in the manner prescribed by the procla- 
mation of the President opening the same to 
settlement; and any person otherwise occupy- 
ing or entering upon any of said lands shall for- 
feit all right to acquire any of said lands. The 
Secretary of the Interior shall, under the direc- 
tion of the President, prescribe rules and re- 
lations, not inconsistent with this act, for the 
ipation and settlement of said lands, to be 
incorporated in the proclamation of the Presi- 
dent, which shall be issued at least twenty days 
re the time fixed for the opening of said 
lands. 

The allotments provided for in the fifth sec- 
tion of said agreement shall be made 
delay by the persons entitled thereto, and shall 
be confirmed by the Secretary of the Interior 
before the date when said lands shall be de- 



4° 

clared open to settlement; and the allotments 
so made shall be published "by the Secretary of 
the Interior, for the protection of proposed set- 
tlers. And a sum equal to one dollar and 
forty cents per acre lor the lands so allotted 
shall be deducted from the full amount of the 
deferred payments, hereby appropriated for. 
Provided, That D. W. Bushyhead, having made 
permanent or valuable improvements prior to 
the first day of November, eighteen hundred 
and ninety-one, on the lands ceded by the said 
agreement, he shall be authorized to select a 
quarter section of the lands ceded thereby, 
whether reserved or otherwise, prior to the 
opening of said lands to public settlement; but 
he shall be required to pay for such selection, 
at the same rate per acre as other settlers, into 
the treasury of the United States in such man- 
ner as the Secretary of the Interior shall direct. 

The President of the United States may es- 
tablish, in his discretion, one or more land of- 
fices to be located either in the lands to be 
opened, or at some convenient place or places 
in the adjoining organized Territory of Okla- 
homa; and to nominate, and by and with the 
advice and consent of the senate, to appoint 
registers and receivers thereof. 

The sum of five thousand dollars, or so much 
thereof as may be necessary, the same to be im- 
mediately available, is hereby appropriated, 
out of any money in the treasury not otherwise 
appropriated, to pay for the services of the ap- 
praisers to be appointed as aforesaid, at a rate 
not exceeding ten dollars a day for the time 



4i 

actually employed by^each appraiser, and their 
reasonable expenses, and to enable the Com- 
missioner of Indian Affairs, under the direc- 
tion of the Secretary of the Interior, to effect 
the removal of intruders required by the first 
paragraph of article two of said agreement as 
amended. 

TONKAWA INDIAN LANDS. 

Sec. ii. That the sum of thirty thousand 
six hundred dollars, or so much thereof as may 
be necessary is hereby appropriated, out of any 
money in the treasury not otherwise appropri- 
ated, the same to be immediately available, to 
pay the'Tonkawa tribe of Indians in the Terri- 
tory of Oklahoma for all their right, title, 
ckiim and interest of every kind and character 
in and to four townships of land, containing 
ninety thousand seven hundred and ten and 
eighty-nine one hundredts acres, more or less, 
c ded, conveyed and relinquished to the United 
States by article one of an agreement con- 
cluded on the twenty-first day of October, 
eighteen hundred and ninety-one, between Da- 
vid H. Jerome, Alfred M. Wilson and Warren 
G. Sayre, duly appointed commissioners on the 
part of the United States, and said Tonkawa 
tribe of Indians, which agreement is contained 
in the message of the President communicat- 
ing the same to congress, and known as Execu- 
tive Document Numbered Thirteen, first ses- 
sion Fifty-second Congress, to be paid and ap- 
plied in the manner provided for in said agree- 
ment. And such portion oi said amount as 
may be deposited in the treasury of the United 



42 

States shall bear interest at the rate of five per 
centum per annum, which interest shall be ap- 
plied as provided in said agreement; and said 
agreement is hereby accepted, ratified and con- 
firmed. 

PAWNEE INDIAN LANDS. 

Sec. 12. That the sum of eighty thousand 
dollars, or so much thereof as may be neces- 
sary, is hereby appropriated, out of any money 
in the treasury not otherwise appropriated, the 
same to be immediately available, to pay the 
Pawnee tribe of Indians in Oklahoma, for- 
merly a part of the Indian Territory, for all 
their right, title, claim and interest of every 
kind and character in and to all that tract of 
country between the Cimarron and the Arkan* 
sas rivers embraced within the limits of seven- 
teen specified townships of land, ceded, con- 
veyed and relinquished to the United States by 
said Pawnee tribe of Indians, by article one of 
an agreement concluded on the twenty-third 
day of November, eighteen hundred and ninety- 
two, between David H. Jerome, Alfred M. Wil- 
son and Warren G. Sayre, duly appointed 
commissioners on the part of the United States 
and said Pawnee tribe of Indians, which agree- 
ment is contained in the message of the Presi- 
dent communicating the same to congress, and 
known as Executive Document Number Six- 
teen, second session Fifty-second Congress, to 
be paid and applied in the manner provided in 
article four of said agreement. And the fur- 
ther sum of five thousand dollars, or so much 
thereof as may be necessary, is hereby appro- 



43 

priated, out of any money in the treasury not 
otherwise appropriated, the same to be imme- 
diately available, to pay the expenses of mak- 
ing the allotments provided for in said agree- 
ment, including the pay and expenses of neces- 
sary special agents hereby authorized to be ap- 
pointed by the President for the purpose of 
making such allotments, and to pay the ex- 
penses of necessary re-surveys therefor. Said 
agreement is hereby accepted, ratified and con- 
firmed. And the residue of the proceeds Of the 
surplus lands mentioned in said agreement 
shall be placed to the credit of said tribe in the 
treasury of the United States, and shall bear. in- 
terest at the rate of five- per centum per annum, 
said interest to be paid and distributed to said 
tribe as provided in said article four. 

Sec. 13. That the lands acquired by the 
agreements specified in the two preceding sec- 
tions are hereby declared to be a part of the 
public domain. Sections sixteen and thirty- 
six in each township, whether surveyed or un- 
surveyd, are hereby reserved from settlement 
for the use and benefit of public schools, as pro- 
vided in section ten relating to lands acquired 
from the Cherokee Nation of Indians And the 
lands so acquired by the agreements specified 
in the two preceding sections not so reserved 
shall be opened to settlement by proclamation 
of the President at the same time and in the 
manner, and subject to the same conditions and 
regulations provided in section ten relating to 
the opening of the lands acquired from the 
Cherokee Nation of Indians. And each settler 



44 

on the lands so to be opened as aforesaid shall, 
before receiving a patent for his homestead, 
pay to the United States for the land so taken 
by him, in addition to the fees provided by 
law, the sum of two dollars and fifty cents per 
acre; and shall also pay interest upon the 
amount so to be paid for said land from the 
date oi entry to the date of final payment at the 
rate of four per centum per annum. 

Sec. 14. Before any of the aforesaid lands 
are open to settlement it shall be the duty of 
the Secretary of the Interior to divide the same 
into counties, which shall contain as near as 
possible not less than five hundred square miles 
in each county. In establishing said county 
line the Secretary is hereby authorized to ex- 
tend the lines of the counties already located so 
as to make the area of said counties equal, as 
near as may be, to the area of the counties pro- 
vided for in this act. Provided, That range 
one west and ranges one, two, three and four 
east, in townshfp twenty, shall be attacned to 
and become a part of Payne county. At the 
first election for county officers the people of 
each county may vote for a name for each 
county, and the name which receives the great- 
est number of votes shall be the name of such 
county. Provided further, That as soon as 
the county lines are designated by the Secre- 
tary he shall reserve not to exceed one-half 
section of land in each county, to be located 
for county seat purposes, to be entered under 
sections twenty-three hundred and eighty-seven 
and tw.enty-lin*ee hundred and eighty-eight oi 



45 

the Revised Statutes, and all reservations for 
county seats shall be specified in any order or 
proclamation which the President shall make 
for the opening of the -lands to settlement. 

Sec. 15. The consent of the United States 
is hereby given to the allotment of lands in sev- 
eralty not exceeding one hundred and sixty 
acres to any one individual within the limits of 
the country occupied by the Cherokees, 
Creeks, Choctaws, Chicasaws and Seminoles; 
and upon such allotments the individuals 
whom the same may be allotted shall be 
deemed to be. in all respects citizens of 
United States. And the sum of twenty 
thousand dollars, or so much thereof as may be 
necessary, is hereby appropriated to 
the survey of any such lanos as may be allc ■ 
by any of said tribes of Indians U 
members of said tribes; and upon the allot:. 
of the lands held by said tribes respectively the 
reversionary interest of the : 

therein shall be relinquished and shall ct 

Sec. 16. The President shall n< : and, 

by and with the advice and at of the sen 

shall appoint three commissioners to enter into 
nations with the Cherokee Nation, the 
Choctaw Xation, the Chicasaw Nation, the 
cogee (or "reek) : Xa- 

tion, for the ; extin^ 

national or tr . :hin 

that Territory ..d by any and all of such 

nat: oes, either by cession of the same 

or some part thereof to the United 
the : the :same in sev- 



4 6 

eralty amcng the Indians of such nations or 
tribes respectively, as may be entitled to the 
same, or by such other method as may be 
agreed upon between the several nations and 
tribes as aforesaid, or each of them, with the 
United States, with the view to such an adjust- 
ment, upon the basis of justice and equity, as 
may, with the consent of such nations or tribes 
of Indians, so far as may be necessary, be 
requisite and suitable to enable the ultimate 
creation of a state or states of the Union which 
shall embrace the lands within said Indian Ter- 
ritory. 

The commissioners so appointed shall each 
receive a salary, to be paid during such time as 
they may be actually employed, under direc- 
tion of the President, in the duties enjoined by 
this act, at the rate of five thousand dollars per 
ajinum, and shall also be paid their reasonable 
and proper expenses incurred in the prosecu- 
tion of the objects of this act, upon accounts 
therefor to be rendered to and allowed by the 
Secretary of the Interior from time to time. 
That such commissioners shall have power to 
employ a secretary, a stenographer and such 
interpreter or interpreters as may be found 
necessary to the performance of their duties, 
and by order to fix their compensation, which 
shall be paid, upon the approval of the Secre- 
tary of the Interior, from time to time, with 
their reasonable and necessary expenses, upon 
accounts to be rendered as aforesaid; and may 
also employ, in like manner and with the like 
approval, a surveyor or other assistant or agent 



47 

which they shall certify in writing to be neces- 
sary to the performance of any part of their 
duties. 

Such commissioners shall, under such regu- 
lations and directions as shall be prescribed by 
the President, through the Secretary of the In- 
terior, enter upon negotiation with the several 
nations of Indians as aforesaid in the Indian 
Territory, and shall endeavor to procure, first, 
such allotment of lands in severalty to the In- 
diansbelonging to each such nation, tribe or 
band respectively, as may be agreed upon as 
just and proper to provide for each such Indian 
a sufficient quantity of land for his or her 
needs, in such equal distribution and appor- 
tionment as may be found just and suited to the 
circumstances; for which purpose, after the 
terms of such an agreement shall have been ar- 
rived at, the said commissioners shall cause the 
land of any such nation or tribe or band to be 
surveyed and the proper allotment to be desig- 
nated; and, secondly, to procure the cession, 
for such price and upon such terms. as shall be 
agreed upon, of any lands not found necessary 
to be so allotted or divided, to the United 
States; and to make proper agreements for the 
investment or holding by the United States of 
such moneys as may be paid or agreed to be 
paid to such nation or tribes or bands, or to any 
of the Indians thereof, for the extinguishment 
cf their interests therein. But said commis- 
sioners shall, however, have power to negotiate 
any and all such agreements as, in view of all 
the circumstances affecting the subject, shall be 



- 4 8 

found requisite and suitable to such an arrange, 
meat ot the rights and interests and affairs of 
such nations, tribes, bands of Indians, or any 
of them, to enable the ultimate creation of a 
Territory of the United States, with a view to 
the admission of the same as a state in the 
Union. 

The commissioners shall at any time, or from 
time to time, report to the Secretary of the In- 
terior their transactions and the progress of 
their negotiations, and shall at any time, or 
from time to time, if separate agreements shall 
be made by them with any nation, tribe or 
band, in pursuance of the authority hereby con- 
ferred, report the same to the Secretary X)f the 
Interior for submission to congress, for its con- 
si. ieration and ratification. 

For the purposes aforesaid there is hereby 
appropriated, out of any moneys in the treas- 
ury of the United States, the sum of fifty thous- 
and dollars, to be immediately available. 

Neither the provisions of this section nor the 
negotiations or agreements which may be had 
or made thereunder shall be held in any way 
to waive or impair any right of sovereignty 
which the government of the United States has 
over or respecting said Indian Territory or the 
people thereof, or any other right ot the gov- 
ernment relating to said, Territory, its lands or 
the people thereof. 

Approved March 3, 1893. 

Section 13 bt the Act of Congress approved 
March 2, 18S9, referred to in the above bill 
reads as follows: 



49 

Seo. 13. That the lands acquired by th^ 
United States under said agreement shall be a 
part of the public domain, to be disposed of 
only as herein provided, and sections sixteen 
and thirty-six, of each township, whether sur- 
veyed or unsurveyed, are hereby reserved for 
the use and benefit of the public schools to be 
established within the limits of said lands under 
such conditions and regulations as may be here- 
after enacted by Congress. 

That the lands acquired by conveyance from 
the Seminole Indians hereunder, except the 
sixteenth and thirty-sixth sections, shall be dis- 
posed of to actual settlers under the homestead 
laws only, except as herein otherwise provided 
(except thai section two thousand three hun- 
dred and one of the Revised Statutes shall 
not apply); And provided furth.tr, That any 
person who having attempted to, but for any 
cause failed, to secure a title in fee to a home- 
stead under existing laws, or who made entry 
under what is known as the commuted provis- 
ion of the homestead laws, shall be qualified to 
make a homestead entry upon said lands; And 
provided further, That the rights of honorably 
discharged Union soldiers and sailors in the 
late civil war as defined and described in sec- 
tions twenty-three hundred and four and twenty- 
three hundred and five of the Revised Statutes 
shall not be abridged; And provided further, 
That each entry shall be in square form as 
Aearly as practicable, £nd no person be permit- 
ted to enter more than one quarter section 
Sherof, but until said lands are opened for s' 



50 

tlement by proclamation of the President, no 
person shall be permitted to enter upon and 
occupy the same, and no person violating this 
provision shall ever be permitted to enter any 
of said land or acquire any right thereto. 

The Secretary of the Interior may, after said 
proclamation and not before, permit entry of 
said lands for townsites, under section twenty- 
three hundred and eighty-eight of the Re- 
vised Statutes, but no such entry shall embrace 
more than one half section of land. 

Section 17 and 18 of the Act of March 3, 
1 89 1, referred to in the above bill and made a 
part thereof reads as follows. 

Sec. 17. That before any lands in Okla- 
homa are opened to settlement it shall be the 
duty of the Secretary of the Interior to divide 
the same into counties which shall contain as 
near as possible not less than nine hundred 
square miles in each county. In establishing 
said county lines, the Secretary is hereby 
authorized to extend the lines of the counties 
already located so as to make the areas of said 
counties equal, as near as may be, to areas of 
the counties provided for in this act. At the 
first election for county officers the people of 
each county may vote for a name for each 
county, and the name which receives the great- 
est number of votes shall be the name of each 
county: Provided further, That as soon as ihe 
county lines are designated by the Secretary, he 
shall reserve not to exceed one half section of 
land in each county to be located near the cen- 
ter of said county for county seat purposes, to 



5 1 

be entered under sections twenty-three hundred 
and eighty-seven and twenty.- three hundred 
and eigjity-eigh't of the Revised Statutes. Pro- 
vided, That in addition to the jurisdiction 
granted to the Probate 'Courts and the judges 
thereof in Oklahoma Territory by legislative 
enactments which enactments are hereby rati- 
fied, the Probate Judges of said Territory are 
hereby granted such jurisdiction in townsite 
matters and under, such regulations as are pro- 
vided by the laws of the State of Kansas. (Ap- 
proved March 3, 1891.) 

For jurisdiction of Probate Judge in townsite 
matters under statutes of Kansas, see index, 
"Kansas Statutes." 

Sec. 18. That the school lands reserved in 
the Territory of Oklahoma by this and former 
acts of Congress may be leased for a period of 
not exceeding three years for the benefit of the 
school fund of said Territory by the Governor 
thereof, under regulations to be prescribed by 
the Secretary of the Interior, 



Organic Act of Oklahoma, 



(The Tart Relating- to Lands and Townsites.) 
AN ACT to provide a temporary government foi 
the Territory of Oklahoma, to enlarg-e the juris- 
diction of the United States Court in the Indian 
Territory, and for other purposes. (Approved 
May 2, 1890.) 

(This act is applicable to the Cherokee Outlet.) 
Be it enacted by the Senate and House of Represen- 
tatives of the United States of America, in Cqr^ress 
assembled! 

****** 

School Lands, — Sec. IS. That sections numbered 
sixteen and thirty-six in each township in said 
Territory sli.aH be, and the same are hereby re- 
served for the purpose cf being applied to the pub- 
lic schools of the state or states hereafter to be 
erected out of the same. In all cases where SQctions 
sixteen and thirty-six, or either of them, are occu- 
pied by actual settlers prior to survey thereof, the 
county commisionersof the counties in which such 
sections are st> occupied are authorized to locate 
other lands to an equal amount, in sections or 
fractional sections, as the case may be, within 
their respective counties, in lieu of the sections so 
occupied. 

Public Land Strip. — All the lands embraced in 
that portion of the Territory of Oklahoma known 
as the Public Land Strip shall be opened to settle- 



53 
ment under the provisions of the homestead" laws 
of the United States, except section twenty-three 
hundred and one of the Revised Statutes, which 
shall not apply; but all actual and bona fide set- 
tlers upon and occupants of the land in said Pub- 
lic Land Strip at the time of the passage of this 
act shall be entitled to have preference to and 
hold the lands upon which they have settled un- 
der the homestead laws of the United States, by- 
virtue of their settlement and occupancy of said 
lands, and they shall be credited with the time 
they have actually occupied their homesteads, re- 
spectively, not exceeding* two years, on the time 
required under said laws to perfect title as home- 
stead settlers. 

The lands within said Territory of Oklahoma, 
acquired by cession of the Muskogee (or Creek) 
Nation of Indians, confirmed by act of congress, 
approved March first, eighteen hundred and 
eighty-nine, and also the land acquired in pur- 
suance of an agreement with the Seminole Nation 
of Indians, by release and conveyance, dated 
March sixteenth, eighteen hundred and eighty- 
nine, which may hereafter be open to settlement, 
shall be disposed of under the provisions of sec- 
tions twelve, thirteen and fourteen of the "Act 
makiDg appropriations for the current and contin- 
gent expenses of the Indian Department, and fo r 
fulfilling treaty stipulations with various Indian 
tribes for the year ending June thirtieth,, eighteen 
hundred and ninety, and for other purposes," ap- 
proved March second, eighteen hundred and 
eighty-nine, and under section two of an "Act t& 



54 
ratify and confirm an agreement with the Musko- 

(or Cre< k) Nation of Indians in the Indian- 
Territory, and for other purposes," approved 
March first, eighteen hundred and eighty- nine: 
provided, however, that each settler under and in 
accordance with the provisions of said acts shall, 
foi dure receiving' a patent for his homestead on the 
land hereafter opened tp settlement as aforesaid, 
pay to the. United States for the land so taken by 
him, in addition to the fee provided by law, the 
sum of one dollar and twenty-five cents per acre. 
Whenever any of the other lands within the 
Territory of Oklahoma, now occupied by any In- 
dian tribe, shall by operation of law or proclama- 
tion of the president of the United States, be open 
bo settlement, they shall be disposed of to actual 
settlers only, under the provisions of the home- 
stead law, except section twenty-three hundred and 
one of the Revised Statutes of the United States, 
which shall not apply: Provided, however, That 
each settler, under and in accordance with the pro. 
visions of said homestead laws, snail before re- 
ceiving a patent for his homestead, pay to the 
United States for the the land so taken by him, 
in addition to the fees provided by law, a sum per 
acre equal to the amount which has been or may 
be paid by the United States to obtain a relin- 
cruishment of the Indian title or interest therein, 
but in no case shall such payment be less than one 
dollar and twenty-five cents per acre. The rights 
of honorably discharged soldiers and sailors in the 
late civil war, as defined and described in sections 
twenty-three hundred and four and twenty-three 



55 

hun fired and five of the Revised Statutes o1 
[Jiiited Stites, shall not be abridged except as to 
such payment. All tracts of land in Oklahoma 
Territory which have 'been set apart for schoo* 
purposes, to educational societies or missionary 
boards at work among the Indians, shall not be 
open for settlement, but are hereby granted to the 
respective educational societies or missionary 
boards for whosemse the same has been set apart. 
No part of the land embraced within the Territory 
hereby created shall inure to the use and benefit 
of any railroad corporation, except the rights of 
w.- • and lauds heretofore granted to certain rail- 
-rporations. Nor shall any provision of this 
act or any act of any officer of the United States, 
done or performed uuder the provisions of this act 
or otherw ise, invest any corporation owning or oper- 
ating any railroad in the Indian Territory, or ter- 
ritory created by this act, with any land or right 
to any land in either of said Territories, and this 
act shall not apply to or affect any land which, 
upon any condition on becoming a part of the pub- 
lic domain, would mure to the benegt of, or become 
the property of, any railroad corporation. 

Land Office— Public Land Strip.— Sec. 19. That 
portion of the Territory of Oklahoma heretofore 
known as the Public Land Strip is hereby declared 
a public land district, and the President of the 
United States is hereby empowered to locate a 
land office in said district, at such a place as he 
shall select, and to appoint in conformity with 
existing law a register and receiver of said land 
oflice. He may also, whenever he shall deeiu i„ 



56 

-necessary, establish another additional land dis- 
trict within said Territory, locate a land office 
therein, and in like manner appoint a register 
-and receiver thereof. And the commissioner of 
•the general land office shall, when directed by the 
"President, cause the lands within the Territory to 
"be properly surveyed and subdivided where the 
same has not already been done. 

Land Office Procedure. — Sec. 20. That the pro- 
cedure in applications, entries, contests, ad- 
judications in the Territory of Oklahoma shall be 
in form and manner prescribed under the home- 
stead laws, except as modified by the provisions 
of this act and the acts of Congress approved 
.March first and second, eighteen hundred and 
eighty-nine, heretofore mentioned, shall be appli" 
cable to all entries made in said Territory, but no 
patent shall be issued to any person who is not a 
citizen of the United States at the time of making 
iinal proof. 

All persons who shall settle on land in said 
"Territory, under the provisions of the homestead 
laws of the United states, and of this act, shall 
be required to select the same in square form as 
nearly as may be; and no person who shall at the 
lime be seized in fee simple of a hundred and 
-sixty acres of land in any State or Territory shall 
.nereafter be entitled to enter land in said Terri- 
tory of Oklahoma. The provisions of sections 
twenty-three hundred and four and twenty-three 
hundred and five of the Revised Statutes of the 
United States shall, except so far as modified by 
this act, apply to all homestead settlements in 
said Territory. 



57 

Commutation. — Sec 21. That any person en- 
titled by law to take a homestead in said Territory 
of Oklahoma, who has already located and filed 
-upon, or shall hereafter locate and file upon a 
homestead within the limits described in the 
President's proclamation of April first, eighteen 
hundred and eighty-nine, and under and in pur- 
suance of the laws applicable to the sectlement of 
the lands opened, for settlement by such proclama- 
tion, and who has complied with all the laws re- 
lating to such homestead settlement, may receive 
patent therefor at the expiration of twelve 
months from the date of locating upon said home- 
stead upon payment to the United States of one 
dollar and twenty-five cents per acre for land 
embraced in such homestead. 

Sec. 22. That the pro^isionsof title thirty-two, 
chapter eight, of the Revised Statutes of the 
United States, relating to "reservation and sale of 
townsites on the public lands," Shall apply to the 
lands open, or to be opened, to settlement in the 
Territory of Oklahoma, except those opened to 
settlement by the proclamation of the President 
on the twenty-second day of April, (March twenty- 
three), eighteen hundred and eighty-nine. Pro- 
vided, that hereafter all surveys for townsites in 
said Territory shall contain reservations for parks 
(of substantially equal area, if more than one 
park), and for school and other public purposes, 
tynbracing in the aggregate not less than ten no? 
more than twenty acres; and patents for such 
reservations, to be maintained for such purposes, 
shall be issued to the towns respectively when 



58 

organized as municipalities: provided, fu> liter, that 
in ease any lands in said Territory of Oklahoma, 
which may be occupied and filed upon as a home- 
stead, under the provisions of law applicable to 
said Territory, by a person who is entitled to per- 
fect his title there'to under such laws, are required 
for townsite purposes, it shall be lawful for such 
person to apply to the Secretary of the Interior to 
purchase the lands embraced in said homestead, 
or any part thereof, for townsite purposes. He 
shall file with the application a plat of such pro- 
posed townsite, and if such plat be approved by 
the Secretary of the Interior, he shall issue a 
patent to such person, for land embraced in said 
townsite, upon the payment of the sum of ten 
dollars per acre for all the lands embraced in such 
townsite, except the lands to be donated and 
maintained for public purposes, as provided in 
this section. And the sums so received by the 
Secretary of the Interior shall be paid over to the 
proper authorities of the municipalities when 
organized, to be used by them for school purposes 
only. 

Sec. 23. That there shall be reserved publie 
highways four rods wide between each section of 
land in said Territory, the section lines being the 
center of said highways; but no deduction shall 
be made, where cash payments are provided for, 
in the amount to be paid for each quarter section 
of land by reason of such reservation. But if the 
said highway shall be vacated by any competent 
authority the title of the respective strips shall 
inure to the then owner of the tract of which it 
formed a part by the original survey. 



59 

Sec. 24. That it shall be unlawful for any per- 
son, for himself or any company, association or 
corporation, to directly or indirectly procure any 
person to settle upon any lands open to settlement 
in the Territory of Oklahoma, with intent ti. 
alter of acquiring- title thereto, and any title thus 
acquired shall be void; and the parties to such 
fraudulent settlement shall severally he guilty of 
a misdemeanor, and shall be punished upon in- 
dictment, by imprisonment not exceeding twelve 
months, or by a fine not exceeding one thousand 
doll; >y both such fine and imprisons, 

in the discretion of the court. 

All of said acts are made a part of the 
kee Outlet bill and a ; thereto. ex< 

so much thereof as may be in conflict with 
iions ol said act- 



Who flay Take a Homestead, 



The following qualifications are necessary 
lor a person to take a homestead in the Chero- 
kee Outlet, Tonkawa and Pawnee countries, as 
provided by Act of Congress approved March 
3> i8 93- 

First, Every person who is the head of a 
family or who has arrived at the age of twenty- 
one years and is a citizen of the United States 
or who has filed his declaration to become 
such. 

Second, No person who is the owner in fee 
simple of 160 acres of land in any State or Ter- 
ritory is entitled to enter a homestead in Okla- 
homa as provided in Section 20 of the Organic 
Act. 

Third. The Act approved March 3, 1893, 
provides that any person who having attempted 
to, or for any cause failed to secure title in fee 
to a homestead under the existing laws or who 



6i 

made entry under what is known as the com- 
muted provision of the homestead laws, shall 
be qualified to make homestead entry upon 
said lands. 

Fourth, Each entry must be in a square 
form as near as practicable and no person is 
permitted to enter more than one quarter 
section. 

Fifth, No person is permitted to occupy or 
enter upon any of these lands prior to the date 
fixed by the President opening the lands to 
homestead settlement. Under no circum- 
stances whatever should a settler enter upon 
any of the lands until permitted to' do so by 
the President's proclamation. 

The head of a family includes a man under 
twenty- one years of age who is married. If a 
wife is divorced from or deserted by her hus- 
band so that she is dependent upon her o%n 
resources for support she t^en becomes the 
head of a family and can m$ke homestead en- 
try if otherwise qualified, whether she has ar- 
rived at the age of twenty-one years or not. 

An Unmarried woman who has arrived at the 
age of twenty-one years may make homestead 
entry. 

The bill provides that soldiers and officers 
who have served in the army of the United 
States during the recent rebellion for a period 
•of 90 days entitles them to make homestead en- 
try without regard to age or citizenship, pro- 
vided, that they are otherwise qu?lified. If 
ihe sol-dier be dead, his wife, or if she be dead, 
his minor heirs, by guardian duly appointed 



62 

an ! rr dited at the Department at Washington, 
in-iv; make homestead entry. 

An unmarried woman does not" forfeit her 
homestead by marrying but must continue resi- 
dence and cultivation on her homestead until 
final proof is made. Husband and wife while 
living together cannot hold two homestead 
claims. 

A person may make Ijis declaration to become 
a citizen of the United States before the Clerk 
of the District Court. A certified copy of the 
declaration of intention should be filed with the 
application to make homestead entry. 

The bill opening the Cherokee Outlet to set- 
tlement provides that the President must give, 
twenty days notice before the lands are opened 
to entry and settlement. This bill also pro- 
vides that each settler on the lands before re- 
ceiving a patent for his homestead must pay to 
the United States for the lands to be taken by 
him, in addition to the fees provided by lav, 
the sum of $2.50 per acre for any land east of 
973/3 degrees west longitude, the sum Of $1.50 
per acre for any lands between 97^ degrees 
west longitude and 98^ degrees west longitude, 
the sum of $1.00 per acre for any lands west of 
98^ degrees west longitude and shall also pay 
interest upon the air^unt so to be paid for said 
lands, from the date of entry to the date of final 
payment therefor, at the rate of 4 per cent per 
annum. 

RIGHTS OF SOLDIERS AND SAILORS- 

Sections 2304 and 2305 are applicable to all sol- 
diers and sailors who desire to take a homestead 



63 

in the Cherokee Outlet, Tonkawa, Pawnee and 
Kickapoo countries and read as follows: 

Sec. 2304 U. S. Statutes provides that every pri- 
vate soldier or officer, and every seaman, who 
served in the army of the United States, for ninety 
days, during- the recent rebellion, and who was 
honorably discharged and has remained loyal to 
the government, shall be entitled to enter 160 
acres of land, and he is allowed six months from 
time of filing his declaratory statement, to make 
his entry and commence his residence and im- 
provements, and erect thereon a habitable 
dwelling. 

Sec. 230") Revised Statutes, provides that the 
time he served in the army shall be deducted from 
the time required under the homestead law to per- 
fect title. 

If a soldier was discharged on account of wounds 
received or disability incurred in the line of 
duty, then he is entitled to credit for the full 
term of his enlistment. In no case can he acquire 
title or patent, until he has resided upon, culti- 
vated and improved the land for at least one year. 

HOW TO TAKE A HOMESTEAD. 

There are two ways in which a homestead 
may be taken. 

First. By actual settlement upon the land. 

Second. By entry at the local United States 
Land Office. 

An actual settler is one who goes upon the 
land with the intention of making it his home 
and does some act indicating his intention to 
appropriate the land to his own use and bene- 



6 4 

fit. This act of settlement must consist of 
some permanent and substantial improvement 
of a visible nature, so as to give notice to all 
persons that the land is taken in good faith and 
for the purpose of making a home thereof. An 
actual settler has three months in which to 
make his entry in the local Land Office and 
his right related back to the date of settlement. 
A failure to make entry within three months 
from the settlement will open the land to the 
next claimant or settler who has complied with 
the law. ^No excuse will be accepted by the 
Department of the Interior for a failure on the 
part cf the claimant or settler to make his en- 
try at the Land Office within 90 days from the 
date of settlement where there is an adverse 
claimant, either by settlement on the land or 
by entry at the Land Office. 

By the second method the homestead claim- 
ant may go directly to the United States Land 
Office in the district in which the land is sit- 
uated and enter the land. As all of the lands 
in Oklahoma are declared to be non-mineral 
in character it is not necessary for the claim- 
ant to examine the land before making his en- 
try. To mak^e an entry it is necessary to file an 
application in the United States Land Office in 
the district where the land is situated, with 
affidavits showing his qualifications to make 
homestead entry and pay the fees and commis- 
sions, which in Oklahoma are for 160 acres, 
$14.00, for 80 acres, $7.00, for 4o acres, $6.00. 
Where two persons have initiated a home- 
stead right to the same tract of land, one by 



65 

settlement upon the land and the other by en- 
try at the Land Office, the first in point of time 
will hold the land. 

It is very important that all papers should 
be correctly drawn. A' mistake in the descrip- 
tion of land will ma.ke you endless trouble and 
finally cause you the loss of your home. 

RESIDENCE. 

The following general regulations are applic- 
able to persons establishing residence upon a 
homestead. 

First. Residence upon a homestead must 
be in person and cannot be delegated to any 
one else. 

Second. The period of continuous resi- 
dence begins from the date of the entry at the 
Land Office or at the date of actual settlement 
upon the land. 

Third. A party who temporarily leaves his 
homestead to care for other property does not 
abandon his residence thereon. 

Fourth. The fact that a homesteader some- 
times slept upon and ate upon the land is not 
regarded as sufficient compliance with the law. 

Fifth. Residence cannot be claimed on the 
tract during the time it was covered by another 
homestead entry. 

Sixth. The refusal of the wife to live on 
the homestead, provided, the husband complies 
with the law will not affect his rights. 

Seventh. Where failure to comply with the 
law results from causes beyond the reasonable 
control of the claimant his entry will not be 
cancelled if the facts can be duly proved. 



66 

Eighth. Threats or other acts of violence 
will excuse failure to maintain residence. 
However, these threats must be of such a na- 
ture as are calculated to operate upon persons 
of ordinary firmness so as to cause apprehen- 
sion of loss of life or great bodily injury, 

Ninth. The Act of May 2, 18921, which is 
the Organic Act of Oklahoma having been 
made applicable to the opening of the Chero- 
kee Outlet, title may be acquired to these lands 
after 1 2 months actual residence and payment 
of money as provided in said act. 

But it must be rememb.rjd that all persons 
are required to make a cash payment for the 
lands besides the fees and commissions as pro- 
vided in the act opening said lands to settlement 
and the only advantage a soldier or sailor has 
over other parties seeking to take a claim, is 
that, he may file his declaratory statement in 
person, or by some duly authorized agent. 

A soldier in filing a declaratory statement, 
either in person or by his duly authorized agent 
must also file the original or certified copy 
of his discharge. In the event that tire dis- 
charge or certified copy thereof cannot be pro- 
duced the soldier should make his own affidavit 
showing his service in the army and corrobor- 
ated by two witnesses. However, if it is satis- 
factorily shown that the witnesses cannot be 
pioiuced then the soldier's own affidavit will 
be sufficient, 

A soldier in filing his declaratory statement 
by himself or duly authorized agent exhausts 
his homestead right the same as in filing a regu- 
lar homestead entrv. 



6 7 

A soldier or sailor must within six months 
after filing a declaratory statement by himself 
or duly appointed agent, make his final entry 
at the local United States Land Office where 
his declaratory statement was made by himself 
or his duly appointed agent, and establish his 
residence upon the land. A failure to comply 
with any of these regulations will work a for- 
feiture of his land where there is any other 
claimant. 

Any person who has filed a declaratory state- 
ment prior to March 2, 1889, and failed, for 
any cause to secure title in fee simple there- 
under, has the right to make another declara- 
tory statement and entry in any of the above 
lands. 



FORflS, 



HOMESTEAD. 

application \ 

no \ Land Office at 



■89. 



I, . of 

do hereby apply to enter, 

under section 2289, Revised Statutes of the 

United States, the of Section 

in Township of Range , 

containing acres. 



Land Office at....* 

18 

I, Register of the Land 

Office, de her__, .ertify that the above applica- 
tion is for surveyed lands of the class which the 
applicant is legally entitled to enter under sec- 
tion 2289, Revised Statutes of the United States, 
and that there is no prior valid adverse right to 
the same. 

Register. 

HOMESTEAD AFFIDAVIT. 

Land Office at 

189 

- of... , 



6 9 

having filed my. application No , for an 

entry under section 2289, Revised Statutes of 
the United States, do solemny swear that I am 
not the owner in fee simple of one hundred and 
sixty acres of land in any State or Territory; 

that I am * 

[Here insert statement that affiant is a citizen 
of the United States, or that he has filed his 
declaration of 'intention to become such, and 
that he is the head of a family, or is over twenty- 
one years of age, as the case may be. It should 
be stated whether applicant is ?iative-born or 
not, and if not a certified copy of his certificate 
of naturalization, or declaration of intention, as 
the case may be, must be furnished.] 

that my said application is honestly and in good 
faith made for the purpose of actual settlement 
and cultivation, and not for the benefit of any 
other person, persons, or corporation, and that 
I will faithfully and hcnestly endeavor to com- 
ply with all the requirements of law as to settle- 
ment, residence, and cultivation necessary to 
acquire title to the land applied for; that I am 
not acting as agent of any person, corporation, 
or syndicate in making such entry, nor in collu- 
sion with any person, corporation, or syndicate 
to give them the benefit of the land entered, or 
any part thereof, or the timber thereon; that I 
do not apply to enter the same for the purpose 
of speculation, but in good faith to obtain a 
home for myself, and that I have not directly 
or indirectly made, and will not make, any agree- 
ment or contract in any way or manner, with 



7° 

any person or persons, corporation or syndi- 
cate whatsoever, by which the title which I 
might acquire from the government of the Unit- 
ed States should inure in whole or in part to the 
benefit of any person except myself, and further, 
that since August 30, 1890, I have not entered 
under the land laws of the United States, or 
filed upon, a quantity of land, agricultural in 
character, and not mineral, which, with the 
tracts now applied for, would make more than 
three hundred and twenty acres. 

[Here add an exception, if any, of land set- 
tled upon prior to August 30, 1890, giving date 
of settlement commenced, and describing im- 
provements, and that the party has not hereto- 
fore made any entry under the homestead laws.] 



Sworn to and subscribed before me this, 
day of. 189 



AFFIDAVIT. 

Land Office at 

(Date) _....., 18 

I> ~ , of..... , 

applying to enter (or file for) a homestead, do 
solemnly swear that I did not enter upon and 
occupy any portion of the lands described and 
declared open to entry in the President's proc- 



71 

lamation dated March 23, 1889, prior to 12 
o'clock, noon, of April 22, 1889. 

Sworn to and subscribed before me this 
day of. , 18 

Note — In making entries in the new lands to 
be opened, the date on which the said lands 
were opened must be substituted for dates in 
above affidavit. 



SOLDIERS' POWER OF ATTORNEY. 

I, - - , of.. 

County, and State or Territory of. * 

do solemnly swear that I served for a period of 

- ~ in the army of the United 

States during the war of the rebellion, and was 
honorably discharged therefrom, as shown by a 
statement of such service herewith, and that I 
have remained loyal to the government; that I 
have never made homestead entry or filed a de- 
claratory statement under sections 2290, 2304, 

or 2309 of the Revised Statutes; 

I do hereby appoint 

...., of. County, and 

State of. , my true and lawful agent, 

under Section 2309 aforesaid, to select for me 
and in my name, and file my declaratory state- 
ment for a homestead under the aforesaid sec- 
tions; and I hereby give notice of my intention 
to claim and enter said tract under said statute; 
that my said attorney has no interest, present 
or prospective, in the premises, and that I have 



72 

made no arrangement or agreement with him or 
any other person for any sale or attempted sale 
or relinquishment of my claim in any manner 
or for any consideration whatever, and that I 
have not signed thia declaration in blank, that 
I am not the proprietor of more than One hun- 
dred and sixty acres of land in any State or 
Territory, that my said application is honestly 
and in good faith made for the purpose of ac- 
tual settlement and cultivation, and not for the 
benefit of any other person, persons, or corpor- 
ation, and that I will faithfully and honestly en- 
deavor to comply with all the requirements of 
law, as to settlement, residence, and cultivation 
necessary to acquire title to the land applied 
for; that I am not acting as agent of any per- 
son, corporation, or syndicate, in making such 
entry, nor in collusion wfth any person, corpor- 
ation, or syndicate to give them the benefit of 
the land entered, or any part thereof, or the 
timber thereon, that I do not apply to enter the 
same for the purpose of speculation, but in good 
faith to obtain a home for myself, that I have 
not directly or indirectly made and will not 
make any agreement or contract in any way or 
manner, with any person or persons, corpora- 
tion or syndicate whatsoever, by which the title 
which I might acquire from the government of 
the United States should inure in whole or in 
part to the benefit of any person except myself: 
and further, that since August 30, 1890, I have 
not entered under the land laws of the U« ited 
States, or filed upon, a quantity of land, agri- 
cultural in character and not mineral, which, 



73 

with the tracts no applied for, would make more 
than three hundred and twenty acres. (Here 
add an exception, if any, of land settled upon 
prior to August 30, 18-90, giving date of settle- 
ment commenced, and describing improve- 
ments.) 

Acknowledged, sworn to and subscribed be- 
fore me this day of. 189 , 

and I certify that the foregoing declaration was 
fully filled out before being subscribed or at- 
tested. 

•{ OFFICIAL SEAL. J- 



ATTORNEY'S STATEMENT. 

By virtue of the foregoing, and of a certain 
power oi attorney therein named, duly executed 
on the day of and filed here- 
with, I hereby select the 

as the homestead claim of 

, the aforesaid, 

and do solemnly swear that the same is filed in 
good faith for the purpose therein specified, and 
that I have no interest or authority in the mat- 
ter, present or prospective, beyond the filing of 
the same as the true and lawful agent of the 

said , as provided by Section 

2209 of the Revised Statutes of the United 
States. 

Agent. 

Sworn and subscribed before me this 

day of ...189... 

■{ OFFICIAL SEAL. J» 

Note. — This form may be used where the de- 



74 

claratory statement is filed by an agent under 
Section 2309, Revised Statutes. 



SOLDIER'S DECLARATORY STATEMENT 

[This is the old authorized form, but should 
be amended to correspond with new affidavit 
required of homestead entrymen under act of 
March 3, 1891. See homestead affidavit.] 

I, ot 

County and State or Territory of 

do solemnly swear that I served for a period of 

in the army of the United 

States during tne war of the rebellion, and was 
honorably discharged therefrom, as shown by a 
statement of such service herewith, and that I 
have remained loyal to the government; that I 
have never made homestead entry or filed a de- 
claratory statement under Sections 2290 and 
2304 of the Revised Statutes; that I have located 

as a homestead under said statute the 

and hereby give notice of my 

intention to claim and enter said tract; that this 
location is made for my exclusive use and ben- 
efit, for the purpose of my actual settlement and 
cultivation, and not either directly or indirectly 
for the use or benefit of any other person. 

My present postoffice address is 

Sworn to and subscribed before me this 

day of. 18 

[seal.] , # _ 

Note. — This form may be used where the 
soldier files his own declaratory statement. 



75 

APPLICATION TO LEASE SCHOOL LAND. 
To William C. Remfrow, Governor of Okla- 
homa, Guthrie O. T. 
Sir: 

I, of 

hereby apply to lease: under the Thirty-sixth 
Section of the Act of Congress, Approved March 
3d. 1891, and tjie regulations prescribed by the 
Secretary of the Interior, the following de- 
scribed tract of school land in 

County Oklahoma Territory to-wit: 

of school section 

township north of range ; . . . 

(east or west) of the Indian Meridian, for the 

term of not exceeding three years 

from the first day of February. 189.. for which 
I hereby agree to pay an annual rental of .... 

Dollars per quarter section 

to be paid as follows: dollars 

cash upon execution of lease by lessee, 

Dollars December 15, 189 .... , 

Dollars December 

15 189.... by notes with approved personal 
security. 

The following is a description of the natural 
character of said land; 



The following is a description of the improve- 
ments on said land and cultivation thereof; 



7 6 



Made by 

(Signed) . . . 
P. O. 



County 

Territory of Oklahoma. 
Dated ...189 

INSTRUCTIONS TO APPLICANTS. 

i Write proper names distinctly and in full. 

2 The lease year begins on the first day of 
February of each year and the lease cannot be 
made for a longer period than three years from 
said date. 

3 All leases executed by lessees prior to 
November first will be dated back to the first 
day of February preceding but rent will be 
charged only from the date of execution of the 
lease by lessee. 

4 It is imperative that approved personal se- 
curity be given on all notes. 

5 Personal checks will not be received. 

SCHOOL LAND LEASE 

This Indenture made by and between Wm. 
C. Renfrow as Governor of the Territory of 
Oklahoma, of the first part, and 

of the second part, witnesseth, 

That the said party of the first part, by virtue 
of the authority vested in him by the thirty- 
sixth section of the act of Congress approved 
March 3d, 1891, and the regulations prescribed 



77 

by the Secretary of the Interior, therein provid- 
ed for, and in consideration of the covenants of 
the said party of the second part hereinafter set 
forth, has this day leased to the said party of 
the second part, the following described School 

land, to-wit: The of section 

Township ........ 

North, of range of the 

Indian Meridian ; in 

Com ty , Oklahoma Territory, to have and to 

hold the same for the term of .years 

from the first day of February, 189...., for 
which said party of the second part hereby 

agrees to pay therefor the sum of 

dollars, 

cash in hand, the receipt whereof is hereby 

acknowledged dollars 

on the 15th day of December, 189. ..., and 

dollars 

on the 15th day of December, 189 . ...and. . .. 

« dollars, 

on this 15th day of December, 189 .... 

The said deferred payments are evidenced by 

certain joint, several, promissory 

notes of even date herewith, signed by the said 
party of the second part and 

for the above amounts, due and payable at the 
times above set forth. 

The said party of the second part covenants 
with the said party of the first part, that he will 
not cut or remove, or permit to be cut or re- 
moved, any timber from said land, that he will 
not quarry or remove, or permit to be quarried 



7« 

or removed, any building or other stone from 
said land, except such as may be necessary for 
the foundations for building thereon; that he 
will not mine or remove, or permit to be mined 
or removed, any minerals therefrom; that he is 
leasing said land for agricultural and grazing 
purposes, and that he will cultivate the same in 
a husbandman-like manner; that he will not as- 
sign this lease, nor underlet any portion of the 
leased premises, and that he will not commit 
any acts of waste upon or to said land. 

It is further agreed by and between the par- 
ties of this lease that the said party of the second 
part may at the expiration of the time for which 
this lease is made, remove any or all of the im- 
provements he may have placed upon said land, 
unless the said party of the second part shall be 
in default for payment of said rental, or a part 
thereof, or has violated any of the conditions 
herein. 

If default is made in the payment of said ren- 
tal, or the conditions of this lease have been 
violated, the improvements upon said land, and 
the growing crops thereon, shall not be removed 
by the said party of the second part, or any 
one claiming under him, until such rental has 
been fully paid, to-gether with interest, costs, 
damages, and attorney fees arising from the vio- 
lation of the conditions of this lease, and such 
unpaid rental, interest, costs, damages and at- 
torney fees as aforesaid, shall become a lien up- 
on the improvements on said land, and the 
growing crops thereon, and such improvements 
or growing crops may be sold at public or pri- 



79 
v 
^ate sale by the said party of the first part, or 

is successor in office, without notice to the 
said party of the second part, and the proceeds 
of such sale applied to' the satisfaction of the 
unpaid part of said rental, and in satisfaction 
of the damages, interest, costs, and attorney 
fees, as aforesaid. 

It is hereby expressly understood by and be- 
tween the parties to this lease, that upon the 
nonpayment of said rental or any part thereof 
at the time the same shall become due and pay- 
able, or upon the failure or refusal of the said 
party of the second part to furnish additional 
security for any deferred payments, when re- 
quested so to do by the said party of the first 
part, or his successor in office, or if the said 
party of the second part shall fail, in any man- 
ner to. comply with the provisions of this lease, 
or violates any of the conditions thereof, the 
said party of the first part, or his successor in 
office, may. at his option, declare this lease for- 
feited, and the said party of the first part, or 
any other person lawfully entitled to the posses- 
sion thereof, on behalf of, or representing the 
United States, shall have the right to take im- 
mediate and peaceable possession of said pre- 
mises, together with the improvements and 
growing crops thereon situated. And upon the 
termination of this lease, either by the expir- 
ation of the time for which this lease is made, 
or by reason of the violations of any of the con- 
ditions hereinbefore set forth, any instrument in 
writing signed by the said party of the first part 



8o 

or his successor in office, showing that the per- 
son or officer named therein is entitled to the 
possession of the land, or that he takes posses- 
sion of the improvements and growing crops 
thereon on behalf of the United States, shall be 
sufficient authority for such person or officer, to 
take possession of the land, and to take posses- 
ion ot and sell the improvements and growing 
crops thereon, for the purpose of paying any 
part of said rental due and unpaid, with in- 
terest, costs, damages and attorney fees as 
hereinbefore provided for. 

If the party of the second part desires to re- 
lease said land at the expiration of the time for 
which this lease is made and files his appli- 
cation therefor with the said party of the first 
part, or his successor in office, on or before the 

first day of 189. '. .. 

and has complied with all the conditions here- 
in, he will be given a preference to release said 
land at the highest acceptable rental offered by 
any responsible bidder, but the right is reserved 
by the said party of the first part to reject all 
bids. 

If at any time after the execution of this lease 
it is shown to the the party of the first part, or 
his successor in office, that there has been any 
fraud or collusion upon the part ot the said 
party of the second part to obtain this lease at a 
less rental than its value, it shall be null and 
void at the option of the party of the first part. 

This lease is made and accepted subject to 
the approval of the Secretary of the Interior 



and to any prior rights existing in favor of the 
Indians. 

Witness the hands, and seals of the parties 
aforesaid, this . . * . day of. , 189 . . 

Witness: (Seal.) 

Governor. 
(Seal.) 



Approved 
Secretary of the Interior. 



RULES OF PRACTICE. 
I. 

(Proceedings before Registers and Receivers.) 

i. — Initiation of Contests. 

Rule i. — Contest may be initiated by an ad- 
verse party or other person against a party to 
any entry, filing, or other claim under laws of 
congress relating to the public lands, for any 
sufficient cause affecting the legality or validity 
of the claim. 

Rule 2. — In every case of application for a 
hearing an affidavit must be filed by the con- 
testant with the register and receiver, fully set- 
ting forth the facts which constitute the grounds 
of contest. 

Rule 3. — Where an entry has been allowed 
and remains of record the affidavit of the con- 
testant must be accompanied by the affidavit of 
one or more witnesses in support of the allega- 
tions made. 

2. — Hearing in Contested Cases. 

Rule 4. — Registers and receivers may order 
hearings in all cases wherein entry has not been 
perfected and no certificate has been issued as 
a basis for patent. 

Rule 5. — In case of an entry or location on 
which final certificate has been issued the hear- 
ing will be ordered only by direction of the 
commissioner of the general land office. 

Rule 6. — Applications for hearings under 



«3 

rule 5 must be transmitted by the register and 
receiver, with special report and recommenda- 
tion, to the commissioner, for his determination 
and instructions. 

j. — Notice of Contest. 

Rule 7. — At least thirty days notice shall be 
given of all hearings before the register and re- 
ceiver, unless by written consent an earlier day 
shall be agreed upon. 

Rule 8. — The notice of contest and hearing 
must conform to the following requirements: 

1. It must be written or printed. 

2. It must be signed by the register and re- 
ceiver, or one of them. 

3. It must state the time and place of hear- 
ing. 

4. It must describe the land involved. 

5. It must state the register and receiver's 
number of the entry and the land office where, 
and the date when made, and the name of the 
party making the same. 

6. It must give the name of the contestant, 
and briefly state the grounds and purpose of 
the contest. 

7. It may contain any other information per- 
tinent to the contest. 

4. — Service of Notice. 

Rule 9. — Personal service shall be made in 
all cases when possible if the party to be served 
is a resident in the state or territory in which 



8 4 

the land is situated, and shall consist in the de- 
livery of a copy of the notice to each person to 
be served. 

Rule 10. — Personal service may be executed 
by any officer or person. 

Rule ii. — Notice may be given by publica- 
tion only when it is shown by affidavit of the 
contestant, and by such other evidence as the 
register and receiver may require, that due dil- 
igence has been used and that personal service 
cannot be made. The party will be required 
to state what effort has been made to get per- 
sonal service. 

Rule 12. — When it is found that the pre- 
scribed service cannot be had, either personal 
Or by publication, in time for the hearing pro- 
vided for in the notice, the notice may be re- 
turned prior to the time fixed for the hearing, 
and a new notice issued fixing another time of 
hearing, for the proper service thereof, an affi- 
davit being filed by the contestant showing due 
diligence and inability to serve the notice in 
time. 

5. — Notice by Publication. 
Rule 13. — Notice by publication shall be 
made by advertising the notice at least once a 
week for four successive weeks in some newspa- 
per published in the county wherein the land 
in contest lies; and if no newspaper be pub- 
lished in such county, then in the newspaper 
published in the county nearest to such land. 
The first insertion shall be at least thirty days 
prior to the day fixed for the hearing. 



85 

Rule 14. — Where notice is given by publica- 
tion, a copy of the . notice shall be mailed by 
registered letter to the last known address of 
each person to be notified thirty days before 
date of hearing, and a. like copy shall be posted 
in the register's office- .during the period of pub- 
lication, and also in a conspicuous place on the 
land, for at least two weeks prior to the day set 
for hearing. 

6. — Proof of Service of Notice. 

Rule 15. — Proof of personal service shall be 
the written acknowledgement of the person 
served or the affidavit of the person who served 
the notice attached thereto, stating the time, 
place, and manner of service. 

Rule 16. — When service is by publication, 
the proof of service shall be a copy of the ad- 
vertisement, with the affidavit of the publisher 
or foreman attached thereto, showing that the 
same was successively inserted the requisite 
number of times, and the date thereof. 

7. — Notice of Interlocutory Proceedings. 

Rule 17. — Notice of interlocutory motions, 
proceedings, orders and decisions shall be in 
writing, and may be served personally or by 
registered letter through the mail to the last 
known address of the party. 

Rule 18. — Proof of service by mail shall be 
the affidavit of the person who mailed the 
notice, attached to the postoffice receipt for the 
registered letter. 



86 
8. — Rehearings. 

Rule 19. — Orders for re-hearing must be 
brought to the notice of the parties in the same 
manner as in case of original proceedings. 

g. — Contifiuances. 

Rule 20. — A postponement of a hearing to a 
day to be fixed by the register and receiver 
may be allowed on the day of trial on account 
of the absence of material witnesses, when the 
party asking for the continuance makes an affi- 
davit before the register and receiver showing; 

1. That one or more of the witnesses in his 
behalf is absent without his procurement or 
consent; 

2. The name and residence of each witness; 

3. The facts to which they would testify if 
present; 

4. The materiality of the evidence; 

5. The exercise of proper diligence to pro- 
cure the attendance of the absent witnesses^ 
and 

6. That affiant believes said witnesses can be 
had at the time to which it is sought to have 
the trial postponed. 

7. Where hearings are ordered by the com- 
missioner of the general land office in cases to 
which the United States is a party, continu- 
ances will be granted in accordance with the 
usual practice in United States cases in the 
courts, without requiring an affidavit on the 
part of the government. 



87 

Rule 21. — One continuance only shall be 
allowed to either party on account of absent 
witnesses, unless the party applying for a fur- 
ther continuance shall at the same time apply 
for an order to take the depositions of the 
alleged absent witnesses. 

Rule 22. — No continuance shall be granted 
when the opposite party shall admit that the- 
witnesses would, if present, testify to the state- 
ment set out ; in the application for continuance. 

io. — Depositio?is on Interrogatories . 

Rule 23.— Testimony may be taken by depo- 
sition in the following cases: 

1. Where the witness is unable, from age, in- 
firmity, or sickness, or shall refuse to attend 
the hearing at the local land office. 

2. Where the witness resides more than fifty 
miles from the place of trial, computing dis- 
tance by the usual traveled route. 

3. Where the witness resides out or is about 
to leave the state or territDry, or is absent 
therefrom. 

4. Where from any cause it is apprehended 
that the witness may be unable or will refuse to 
attend, in which case the deposition will be 
used only in event that the personal attendance 
of the witness cannot be obtained. 

Rule 24. — The party desiring to take a depo- 
sition under Rule 23 must comply wilh the fol- 
lowing regulations: 

1. He must make affidavit before the regis- 
ter or receiver, setting forth one or more of the 



above named causes for taking such deposition, 
and that the witness is material. 

2. He must file with the register and receiver 
the interrogatories to be propounded to the 
witness. 

3. He must state the name and residence of 
the witness. 

4. He must serve a copy of the interrogato- 
ries on the opposing party or his attorney. 

Rule 25. — The opposing party will be allowed 
ten days in which to file cross-interrogatories. 

Rule 26. — After the expiration of the ten days 
allowed for filing cross-interrogatories a com- 
mission to take the deposition shall be issued 
by the register and receiver, which commission 
shall be accompanied by a copy of all the inter- 
rogatories filed. 

Rule 27. — The register and receiver may des- 
ignate any officer authorized to administer 
oaths within the county or district where the 
witness resides to take such deposition. 

Rule 28. — It is the duty of the officer before 
whom the deposition is taken to cause the in- 
terrogatories appended to the commission to 
be written out and the answer thereto to be in- 
serted immediately underneath the respective 
questions, and the whole, when completed, to 
be read over to the witness, and must be by 
him subscribed and sworn to in the usual man- 
ner before the witness is discharged. 

Rule 29. — The officer must attach his certifi- 
cate to the deposition, stating that the same 



was subscribed and sworn to by the deponent 
at the time and place therein mentioned. 

Rule 30. — The deposition and certificate, to- 
gether with the commission and interrogatories, 
must then be sealed up, the title of the cause 
indorsed on the envelope, and the whole re- 
turned by mail or express to the register and 
receiver. 

Rule 31. — Upon receipt of the package at 
the local land office, the date when the same is 
opened must be indorsed on the envelope and 
the body of the deposition by the local land 
officers. 

Rule 32. — If the officer designated to take 
the deposition has no official seal, a proper cer- 
tificate of his official character, under seal, 
must accompany his return. 

Rule 33. — The parties in any case may stipu- 
late in writing to take depositions before any 
qualified officer, and in any manner. 

Rule 34. — All stipulations by parties or coun- 
sel must be in writing, and be filed with the 
register and receiver. 

11. — Oral Testimony Before Other Officers 
than Registers and Receivers. 

Rule 35. — In the discretion of registers, testi- 
mony may be taken near the land in contro- 
versy before a United States commissioner or 
other officer authorized to administer oaths, at 
a time and place fixed by them and stated in 
the notice of hearing. 



9° 

2. Officers taking testimony under the forego- 
ing rule will be governed by the rules applica- 
ble to trials before registers and receivers. (See 
Rules 36 to 42, inclusive.) 

3. Testimony so taken must be certified to, 
sealed up and transmitted by mail or express 
to the register and receiver, and the receipt 
thereof at the local office noted on the papers, 
in the same manner as provided in case of dep- 
ositions by Rules 29 to 32, inclusive. 

4. On the day set for hearing at the local 
office the register and receiver will examine the 
testimony taken by the officer designated, and 
render a decision thereon in the same manner 
as if the testimony had been taken before them- 
selves. (See Rules 50 to 53, inclusive.) 

5. No charge for examining testimony in 
such cases will be made by the register and re- 
ceiver. 

6. Officers designated to take testimony un- 
der this rule will be allowed to charge such fees 
as are properly authorized by the tariff of fees 
existing in the local courts of their respective 
districts, to be taxed in the same or equivalent 
manner as costs are taxed by registers and re- 
ceivers under Rules 54 to 58, inclusive. 

7. When an officer designated to take testi- 
mony under this rule, or when an officer desig- 
nated to take depositions, under Rule 27, can- 
not act on the day fixed for taking testimony 
or deposition, the testimony or deposition, as 
the case may be, will be deemed properly taken 
before any other qualified officer at the same 



9 1 

place and time, who may be authorized by the . 
officer originally designated, or by agreement 
of parties, to act in the place of the officer first 
named. 

12. — Trials. 

Rule 36. — Upon the trial of a cause the reg- 
ister and receiver may in any case, and should 
in all cases when necessary, personally direct 
the examination! of the witnesses, in order to 
draw from them facts within their knowledge 
requsite to a correct conclusion by the officer, 
upon any point connected with the case. 

Rule 37.— The register and receiver will be 
careful to reach, if possible, the exact condition 
and status of the land involved by any contest, 
and will ascertain all the facts having any bear- 
ing upon the rights of parties in interest. 

Rule 38. — In pre-emption cases they will par- 
ticularly ascertain the nature, extent, and value 
of alleged improvements; by whom made, and 
when; the true date of the settlement of per- 
sons claiming: the steps taken to mark and se- 
cure the claim, and the exact status of the land 
at that date as shown upon the records of their 
office. 

Rule 39. — In like manner, under the home- 
stead and other laws, the conditions affecting 
the inception of the alleged right, as well as the 
subsequent acts of the respective claimants, 
must be fully and specifically examined. 

Rule 40. — Due opportunity will be allowed 
opposing claimants to confront and cross- 



9 2 

examine the witnesses introduced by either 
party. 

Rule 41. — No testimony will be excluded 
from the record by the register and receiver on 
the ground of any objection thereto; but when 
objection is made to testimony offered, the ex- 
ceptions will be noted, and the testimony, with 
the exceptions, will come up with the case ior 
the consideration of the commissioner. Offi- 
cers taking testimony will, however, summarily 
put a stop to obviously irrelevant questioning. 

Rule 42. — Upon the day originally set for 
hearing, and upon any day to which the trial 
may be continued, the testimony of all the wit- 
nesses present shall be taken and reduced to 
writing. When testimony is taken in short- 
hand, the stenographer's notes must be written 
out, and the written testimony then and there 
subscribed by the witness and testified by the 
officer before whom the same is taken. 

1 j. —Appeals. 

Rule 43. — Appeals from the final action or 
decisions of registers and receivers lie in every 
case to the commissioner of the general land 
office. (Revised Statutes, sections 453, 2478.) 

Rule 44. — After hearing in a contested case 
has been had and closed, the register and re- 
ceiver will, in writing, notify the parties in in- 
terest of the conclusions to which they have 
arrived, and that thirty days are allowed for an 
appeal from their decision to the commissioner 
the notice to be served personally or by regis. 



93 

tered letter through the mail to their last known 
address. 

Rule 45. — The appeal must be in writing or 
in print, and should set forth in brief and clear 
terms the specific points of exception to the 
ruling appealed from. 

Rule 46. — Notice of appeal and copy of spec- 
ification of errors shall be served on appellee 
within the time allowed for appeal, and appel- 
lee shall be allowed ten days for reply before 
transmittal of the record to the goneral land 
office. 

Rule 47.-— No appeal from the action or de- 
cisions of the register and receiver will be 
received at the general land office unless for- 
warded through the local officers. 

Rule 48. — In case of a failure to appeal from 
the decision of the local officers, their decision 
will be considered final as to the tacts in the 
case, and will be disturbed by the commis- 
sioner only as follows: 

1. Where fraud or gross irregularity is sug- 
gested on the face of the papers. 

2. Where the decision is contrary to existing 
laws or regulations. 

3. In event of disagreeing decisions by the 
local officers. 

4. Where it is not shown that the party 
against whom the decision was rendered was 
duly notified of the decision and of his right of 
appeal. 

Rule 49. — In any of the foregoing cases the 
commissioner will reverse or modify the decis- 



94 

ion of the local officers or remand the case, at 
his discretion. 

Rule 50. — All documents once received by 
the local officers must be kept on file with the 
cases, and the date of filing must be noted 
thereon; and no papers will be allowed, under 
any circumstances, to be removed from the 
files or taken from the custody of the register 
and receiver, but access to the same, under 
proper rules, so as not to interfere with neces- 
sary public business, will be permitted to the 
parties in interest, or their attorneys, under the 
supervision of those officers. 

14. — Reports and Opinions. 

Rule 51. — Upon the termination of a contest 
the register and receiver will render a joint re- 
port and opinion in the case, making full and 
specific reference to the postings and annota- 
tions upon their records. 

Rule 52. — The register and receiver will 
promptly forward their report, together with 
the testimony and all the papers in the case, to 
the commissioner of the general land office, 
with a brief letter of transmittal, describing the 
case by its title, the nature of the contest, and 
the tract involved. 

Rule 53. — The local officers will thereafter 
take no further action affecting the disposal of 
the land in contest until instructed by the com- 
missioner. 



95 
i$. — Taxation of Costs. 

Rule 54. — Parties contesting pre-emption, 
homestead, or timber-culture entries and claim- 
ing preference rights of entry under second 
section of the act of May 14, 1880, (2 1 Stat. 
140), must pay the costs of coniest. 

Rule 55. — In other contested cases each par- 
ty must pay the costs of taking testimony upon 
his own direct and cross-examination. 

Rule 56. — The accumulation of excessive 
costs under Rule 54 will not be permitted; but 
where the officer taking testimony shall rule 
that a course of examination is irrelevant, and 
check the same under Rule 41, he may, never- 
theless, in his discretion, allow the same to pro- 
ceed at the sole cost of the party making such 
examination. 

Rule 57. — Where parties contesting pre- 
emption, homestead, or timber-culture entries 
establish their right of entry under the pre- 
emption or homestead laws of the land in con- 
test by virtue of actual settlement and improve- 
ment, without reference to the act of May 14, 
1880, the cost of contest will be adjudged under 
Rule 55. 

Rule 58. — Registers and receivers will appor- 
tion the costs of contest in accordance with the 
foregoing rules, and may require the party lia- 
ble thereto to give security in advance of trial, 
by deposit or otherwise, in a reasonable sum or 
sums, for payment of the costs of transcribing 
the testimony. 

Rule 59. — The costs of contest chargeable 



9 6 

by registers and receivers are the legal fees for 
reducing testimony to writing. No other con- 
test Tees or costs will be allowed to or charged 
by those officers, directly or indirectly. 

Rule 60. — Contestants must give their own 
notices and pay the expenses thereof. 

Rule 61 — Upon the termination of a trial, any 
excess in the sum deposited as security for 
costs of transcribing the testimony will be re- 
turned to the proper party. 

Rule 62. — When hearings are ordered by the 
commissioner by the Secretary of the Interior, 
upon the discovery of reasons tor suspension 
in the usual course of examination of entries, 
the preliminary costs will be provided from the 
contingent fund for the expenses of local land 
offices. 

Rule 63. — The preliminary costs provided 
for by the preceding section will be collected 
by the register and receiver when the parties 
are brought before them in obedience to the 
order of hearing. 

Rule 64. — The register and receiver will then 
require proper provision to be made for such 
further notification as may become necessary 
in the usual progress of the case to final decis- 
ion. 

Rule 65. — The register and receiver will ap- 
pend to their report in each case a statement 
of costs and the amount actually paid by each 
of the contestants, and also a statement of the 
amount deposited to secure the payment of the 



97 

costs, how said sum was apportioned, and the 
amount returned, if any, and to whom. 

1 6 — Apptals from Decisions Rejecting Applica- 
tions to Enter Public Lands. 

Rule 66. — For the purpose of enabling ap- 
peals to be taken from the rulings or action of 
the local officers relative to applications to file 
upon, enter, or locate the public lands, the fol- 
lowing rules will ; be observed: 

i. The register and receiver will indorse 
upon every rejected application the date when 
presented and their reasons for rejecting it. 

2. They will promptly advise the party in 
interest of their action, and of his right of ap- 
peal to the commissioner. 

3. They will note upon their records a mem- 
orandum of the transaction. 

Rule 67. — The party aggrieved will be allowed 
thirty days from receipt of notice in which to 
file his appeal in the local land office. Where 
the notice is sent by mail, five days additional 
will be allowed for the transmission of notice 
and five for the return of the appeal. 

Rule 68. — The register and receiver will 
promptly forward the appeal to the general 
land office, together with a full report upon the 
case. 

Rule 69. — This report should recite all the 
facts and the proceedings had, and must em- 
brace the following particulars: 

1. A statement of the application and rejec- 
tion, with the reasons for rejection, 



o8 

2. A description of the tract involved and a 
statement of its status, as shown by the records 
of the local land office. 

3. References to all entries, filings, annota- 
tions, memoranda, and correspondence shown, 
by the records relating to said tract and to the 
proceedings had. 

Rule 70. — Rules 43 to 48, inclusive, and rule 
93 are applicable to all appeals from the decis- 
ions of registers and receivers. 

II. 

(Proceedings before Surveyors-General.) 

Rule 71. — The proceedings in hearings and 
contests before surveyor-general shall, as to 
notices, depositions, and other matters, be gov- 
erned as nearly as may be by the rules pre- 
scribed for proceedings before registers and re- 
ceivers, unless otherwise provided by law. 

III. 

(Proceedings before the Commissioner of the General Land 
Office and Secretary of the Interior.) 

I. — Examination and Argument. 

Rule 72. — When a contest has been closed 
before the local land officers and their report 
forwarded to the general land office, no addi- 
tional evidence will be admitted in the case ? 
unless offered under stipulation of the parties 
to the record, except where such evidence is 
presented as the basis of a motion for a new 
trial or in support of a mineral application or 



99 
protest; but this rule will not prevent the com- 
missioner, in the exercise of his discretion? 
from ordering further investigation when neces- 
sary. 

Rule 73. — After the commissioner shall have 
received a record of testimony in a contest 
case, thirty days will be allowed to expire be- 
fore any action thereon is taken, unless, in the 
judgment of the' commissioner, public policy or 
private necessity shall demand summary action, 
in which case he will proceed at his discretion, 
first notifying the attorneys of record of his 
proposed action. 

Rule 74. — When a case is pending on appeal 
frbm the decision of the register and receiver 
or surveyor-general, and argument is not filed 
before the same is reached in its order for ex- 
amination, the argument will be considered 
closed, and thereafter no further arguments or 
motions of any kind will be entertained except 
upon written stipulation, duly filed, or good 
cause shown to the commissioner. 

Rule 75. — If before decision by the commis- 
sioner either party should desire to discuss a 
case orally, reasonable opportunity therefor 
will be given in the discretion of the commis- 
sioner, but only at a time to be fixed by him 
upon notice to the opposing counsel, stating 
time and specific points upon which discussion 
is desired; and, except as herein provided, no 
oral hearings or suggestions will be allowed. 



2. — Hearing and Review. 

Rule 79. — Motions for rehearing before reg- 
isters and receivers, or for review or considera- 
tion of the decisions of the commissioner or 
ecretary, will be allowed, in accordance with 
egal principles to motions for new trials at law, 
after due notice to the opposing party. 

Rule 77. — Motions for rehearing and review, 
except as provided in Rule 114, must be filed 
in the office wherein the decision to be affected 
by such hearing or review was made, or in the 
local land office, for transmittal to the general 
land office; and, except when based upon newly 
discovered evidence, must be filed within thirty 
days from notice of such decision. 

Rule 78. — Motions for rehearing and review 
must be accompanied by an affidavit ot the* 
party, or his attorney, that the motion is made 
in good faith, and not for the purpose of delay. 

Rule 79. — The time between the filing of a 
motion for rehearing or review and the notice 
of the decision upon such motion shall be ex- 
cluded in computing the time allowed for 
appeal. 

Rule 80. — No officer shall entertain a motion 
in a case after an appeal from his decision has 
been taken. 

J. — Appeals from the Commissioner to the Sec- 
retary. 
Rule 81. — An appeal may be taken from the 
decision of the commissioner of the general 
land office to the Secretary of the interior upon 



101 

any question relating to the disposal of the pub- 
lic lands and to private land claims, except in 
case of interlocutory orders and decisions and 
orders for hearing or other matter resting in the 
discretion of the commissioner. Decisions and 
orders forming the- above exception will be 
noted in the record, and will be considered by 
the secretary on review in case an appeal upon 
the merits be finally allowed. 

Rule 82. — When the commissioner considers 
an appeal defective, he will notify the party of 
the defect, and if not amended within fifteen 
days from the date of the service of such notice 
the appeal may be dismissed by the Secretary 
of the Interior and the case closed. 

Rule 83. — In proceedings before the commis- 
sioner, in which he shall formally decide that a 
party has no right of appeal to the secretary, 
the party against whom such decision is ren- 
dered may apply to the secretary for an order 
directing the commissioner to certify said pro- 
ceedings to the secretary, and to suspend fur- 
ther action until the secretary shall pass upon 
the same. 

Rule 84. — Applications to the secretary under 
the preceding rule shall be made in writing, 
under oath, and shall fully and specifically set 
forth the grounds upon which the application 
is made. 

Rule 85. — When the commissioner shall for- 
mally decide against the right of an appeal, he 
shall suspend action on the case at issue for 
twenty days from service of notice of his decis- 



ion, to enable the party against whom the de- 
cision is rendered to apply to the secretary for 
an order, in accordance with Rules 83 and 84. 

Rule 86. — Notice of appeal from the commis- 
sioner's decision must be filed in the general 
land office and served on the appellee or his 
counsel within sixty days from the date of the 
service of notice of such decision. 

Rule 87. — -When notice of the decision is 
given through the mails by the register and re- 
ceiver, or surveyor-general, five days additional 
will be allowed by those officers for the trans- 
mission of the letter and five days for the return 
of the appeal through the same channel before 
reporting to the general land office. 

Rule 88. — Within the time allowed for giving 
notice of appeal the appellant shall also file in 
the general land office a specification of errors, 
which specification shall clearly and concisely 
designate the error of which he complair s. 

Rule 89. — He may also, within the same time, 
file a written argument, with citation of author- 
ities, in support of his appeal. 

Rule 90. — A failure to file specification of 
errors within the time required will be treated 
as a waiver of the right of appeal, and the case 
will be considered closed. 

Rule 91. — The appellee will be allowed thirty 
days from the expiration of the sixty days al- 
lowed for appeal in which to file his argument. 

Rule 92. — The appellant shall be allowed 
thirty days from service of argument of appel- 
lee in which to 'file argument strictly in reply, 



103 

and no other or further arguments or motions 
of any kind shall be filed without permission of 
the commissioner or secretary and notice to 
the opposite party. 

Rule 93. — A copy' of the notice of appeal^ 
specification of errors, and all arguments of 
either party, shall be served on the opposite- 
party within the time allowed for filing the same. 

Rule 94. — Such service shall be made person- 
ally or by registered letter. 

Rule 95. — Proof of personal service shall be 
the written acknowledgement oi the party 
served, or the affidavit of the person making: 
the service attached to the papers served, and 
stating time, place and manner of service. 

Rule 96. — Proof of service by registered let- 
ter shall be the affidavit of the person mailing 
the letter attached to a copy of tfte postoffice 
receipt. 

Rule 97. — Fifteen days, exclusive of the day 
of mailing, will be allowed for the transmission 
of notices and papers by mail, except in case of 
notice to resident attorneys, when one day will 
be allowed. 

Rule 98. — Notice of interlocutory motions 
and proceedings before the commissioner and 
secretary shall be served personally or by reg- 
istered letter, and service proved as provided 
in Rules 94 and 95. 

Rule 99. — No motion affecting the merits of 
the case or the regular order of proceedings 
will be entertained except on due proof of ser- 
vice notice. 



104 

Rule ioo. — Ex parte cases, and cases in which 
the adverse party does not appear, will be gov- 
erned by the foregoing rules as to notices of 
decisions, time for appeal, and filing of excep- 
tions and arguments, as far as applicable. In 
such cases, however, the right to file additional 
evidence at any stage of the proceedings to cure 
defects in the proof or record, will be allowed. 

Rule 101. — No person hereafter appearing as 
a party or attorney in any case shall be entitled 
to a notice of the proceedings who does not at 
the time of his appearance file in the office in 
which the case is pending a statement in writ- 
ing, giving his name and postoffice address and 
the name of the party whom he represents; nor 
shall any person who has heretofore appeared 
in a case be entitled to a notice unless within 
fifteen days after being requested to file such 
statement he shall comply with said require- 
.merits, 

Rule 102. — No person not a party to the 
record shall intervene in a case without first 
disclosing, on oath, the nature of his interest. 

Rule 103. — When the commissioner makes an 
order or decision affecting the merits of a case, 
or the regular order of proceedings therein, he 
will cause notice to be given to each party in 
Interest whose address is known. 

4. — Attorneys. 

Rule 104. — In all cases, contested or exparte, 
where the parties in interest are represented by 
attorneys, such, attorneys will be recognized as 



*°5 

fully controlling the cases of their respective 
clients. 

Rule 105. — All notices will be served upon 
the attorneys of record. 

Rule 106. — Notice to one attorney in a case 
shall constitute notice to all counsel appearing 
for the party represented by him, and notice to 
the attorney will be deemed notice to the party 
in interest. 

Rule 107.-— 'Ail attorneys practicing before 
the general land office and department of the 
Interior must first file the oath of office pre- 
scribed by section 3478, United States Revised 
Statutes. 

Rule 108. — In the examination of any case, 
whether contested or ex parte, and for the pre- 
paration of arguments, the attorneys employed, 
when in good standing in. the department, will 
be allowed full opportunity to consult the 
record of the case and to examine the abstracts, 
plats, field notes, and tract-books, and the cor- 
respondence of the general land office, or of the 
department relative thereto, and to make verbal 
inquiries of the various chiefs of divisions at 
their respective desks in respect to the papers 
or status of said case; but such personal inqui- 
ries will be made of no other clerk in the divis- 
ion except in the presence or with the consent 
of the head thereof, and will be restricted to 
the hours between n a. m. and 2 p. m. 

Rule 109. — Any attorney detected in any 
abuse of the above privileges, or of gross mis- 
conduct, upon satisfactory proof thereof, after 



io6 

due notice and hearing, shall be prohibited 
from further practicing before the department. 

Rule no. — Should either party desire to dis- 
cuss a case orally before the secretary opportu- 
nity will be afforded, at the discretion of the 
department, but only at a time specified by the 
secretary or fixed by stipulation of the parties, 
with the consent of the secretary, and in the 
absence of such stipulation or written notice to 
opposing counsel, with like consent, specifying 
the time when argument will be heard. 

Rule in. — The examination of cases on ap- 
peal to the commissioner or secretary will be 
facilitated by filing, in printed form, such argu- 
ments as it is desired to have considered. 

5. — Decisions. 

Rule 112. — Decisions of the commissioner 
not appealed from within the period prescribed 
become final, and the case will be regularly 
closed. 

Rule 113. — The decision of the secretary, so 
far as respects the action of the executive, is 
final. 

Rule 114. — Motions for review before the 
Secretary of the Interior and applications under 
Rules 83 and 84 shall be filed with the commis- 
sioner of the land office, who will thereupon 
suspend action under the decision sought to be 
reviewed and forward to the secretary such mo- 
tion or application. 

None of the foregoing rules shall be con- 
strued to deprive the Secretary of the Interior 



io7 

of the exercise of the directory and supervisory 
powers conferred upon him by law. 

L. Q. C. LAMAR, 

Secretary. 



AMENDMENTS. 

Rule 70 of Rules of Practice, approved Aug. 
13, 1885, amended October 26, 1885, to read as 
follows: 

"Rule 70. — Rules 43 and 49, inclusive, and 
rule 93 are not applicable to appeals from de- 
cisions rejecting applications to enter public 
lands." 

Rule 81 of Rules of Practice, approved Aug. 
13, 1885, amended December 8, 1885, so as to 
read as follows: 

"No appeal shall be had from the action of 
the commissioner of the general land office af- 
firming the decision of the local officers in any 
case where the party, or parties, adversely 
affected thereby shall have failed, after due no- 
tice, to appeal from such decision of said local 
officers. 

"Subject to this provision an appeal may be 
taken from the decision of the commissioner of 
the general land office to the Secretary of the 
Interior upon any question relating to the dis- 
posal of the public lands and to private land 
claims, except in case of interlocutory orders 
and decisions and orders for hearing, and other 
matters resting in the discretion of the commis- 



ioS 

sioner. Decisions and orders forming the above 
exception will be noted in the record, and will 
be considered by the secretary on review in 
case an appeal upon the merits be finally al- 
lowed." 

Rule 108 of Rules of Practice, approved Aug. 
13, 1885, amended January 11, 1886, so as to 
read as follows: 

"In the examination of any case, whether 
contested or ex parte, the attorneys employed 
in said case, when in good standing before the 
the department, for the preparation of argu- 
ments, will be allowed full opportunity to con- 
sult the records of the case, the abstracts, field 
notes, and tract-books, and the correspondence 
of the general land office or of the department 
not deemed privileged and confidential; and 
whenever, in the judgment of the commissioner, 
it would not jeopardize any public or official 
interest, may make verbal inquiries of chiefs of 
divisons at their respective desks in respect to 
the papers or status of said case; but such in- 
quiries will not be made to said chiefs or other 
clerks of division except upon consent of the 
commissioner, assistant commissioner, or chief 
clerk, and will be restricted to hours between 
11 a. m. and 2 p. m." 

Rule 114 of Practice amended March 27, 
1886, to read as follows: 

"Motions for a review of decisions of the sec- 
retary should be filed with the secretary, who 
may, in his discretion, suspend action on the 



109 

decision sought to be reviewed until such mo- 
tion shall be considered." 

The following amendment, approved March 
27, 1886, to Rule T14 of Practice, to-wit: 

Motions for a review of decisions of the sec- 
retary should be filed with the secretary, who 
may, in his discretion, suspend action on the 
decision sought to be reviewed until such mo- 
tion shall be decided, is hereby revoked; and 
Rule 114 of Rules of Practice, approved Aug. 

13, 1885, to-wit: 

Motions for review before the Secretary of 
the Interior, and applications under Rules 83 
and 84, shall be filed with the commissioner of 
the general land office, who will thereupon sus- 
pend action under the decision sought to be 
reviewed, and forward to the secretary such 
motion or application, will from this date (June 

14, 1888) be in force. 

S. M. STOCKSLAGER, 

Commissioner. 




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You Will Find 

Bee Hive 
™ E ; : Clothing 

Co. ^ *> 





The Institution where you can 
purchase the very best clothing 
made, for less money than else- 
where in the Territory. See us 
when here 




Bee Hive Clothing Co, 



GUTHRIE, 0. T. 



BAYARD T. HAINER, 

^ATTORNEY.^ 

• 
Practices before all the U- S. 
Land Offices in Oklahoma and 
Department of the Interior. 

• 

School Land business will 
receive prompt and careful at- 
tention. 

Guthrie, Oklahoma. 

Box 146. 



LIBRARY OF CONGRESS 

021 324 658 6 



r~ 



